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If you or a loved one was injured on the job and is now facing a period of time away from work, as part of your recovery, your doctor may recommend some kind of light duty at work. However, employers are not always willing to accommodate these recommendations. They may even tell you that they will not allow any type of modified duties or accommodations under Virginia law, fearing that doing so will set a precedent for future workers’ compensation claims. But is this really true?
The Law Offices of Mark T. Hurt has successfully represented countless injured Virginia workers, helping to obtain work restrictions and recovering significant compensation for work injuries and lost wages. If you or a loved one suffered a job site injury or occupational illness, we invite you to call our office to schedule a free consultation with an experienced Virginia workers’ comp attorney. We represent injured workers on a contingency fee basis, meaning that we are only entitled to a fee if compensation is recovered on a client’s behalf.
We also encourage you to read the following article to learn more about how work restrictions and light duty impact workers’ compensation claims.
When you are recovering from a workplace injury, your ability to perform your regular job duties may be limited. An injury could happen from a slip and fall, overuse, or someone else’s negligence. It is crucial that you learn what you need to know about light duty work restrictions and limitation after a workplace injury. In many cases, your doctor may recommend light duty or specific work restrictions to protect your health while you heal. We have more than 30 years of experience and are ready to help you when you need it.
Light duty generally refers to modified tasks that are less physically demanding than your regular work. This might involve reducing physical strain, avoiding heavy lifting, or performing administrative duties instead of more labor-intensive work. Work restrictions are specific medical instructions from your doctor about activities you should avoid or limit. These can include limits on standing, bending, or repetitive motions, and are intended to help prevent re-injury.
Your employer may offer you a temporary position that fits your restrictions, or they might modify your existing role. This can be crucial as you understand more about what you need to know about light duty work restrictions and limitation after a workplace injury. Changes could involve adjusting your schedule, reducing lifting requirements, or assigning different responsibilities that match your medical needs. If your employer does not have a suitable light duty position, you may still be entitled to workers’ compensation benefits. These benefits can help replace lost income until you are able to return to your normal duties.
If light duty is offered and it follows your medical restrictions, you may be expected to accept it. Turning it down without a valid medical reason could affect your eligibility for certain benefits.
Your doctor’s instructions are meant to prevent further harm and support recovery. Following them closely can also help protect your right to benefits.
Employers may be required to provide tasks that fit within your medical restrictions so you can keep working without risking your health.
Accepting appropriate light duty can help you maintain some income, while refusing without valid reason could affect your benefit eligibility.
If your condition improves or worsens, you should notify your doctor and employer so your work restrictions can be updated.
If your employer asks you to do tasks outside your restrictions, it is important to address the issue promptly to protect your health and rights.
Recovering from a workplace injury can be stressful, especially when work restrictions or light duty assignments are involved. Understanding what you need to know about light duty work restrictions and limitation after a workplace injury can be difficult on your own. Having support from an experienced legal team like The Law Offices of Mark T. Hurt can help you protect your health, income, and rights while you heal. We know how important it is for you to feel secure during this process, and our team can guide you through the steps needed to protect your claim. With over 2,000+ 5-star reviews, you can count on us to help. Contact us today to discuss your situation and learn how we can help you move forward with confidence.
If you were injured on the job, you may be wondering what your next steps should be. One of the most important things to do is to consult with a physician about work restrictions, as such limitations can ensure that you are not overworking yourself and risking further injury as you recover.
In Virginia, it is vital to immediately seek medical treatment from a healthcare provider for any work injury or work-related illness. Further, it is advisable to find a physician who specializes in occupational medicine or works closely with occupational medicine specialists. This expertise can help a healthcare provider understand your specific needs (such as work restrictions) and how best to help you recover from a workplace injury.
Unfortunately, even after seeking medical treatment, return-to-work and light-duty issues are frequent areas of disagreement between injured workers, employers, insurers, third-party administrators (TPAs), and doctors. The outcome of disputes depends on the specific work restrictions given by a doctor; your health care providers’ opinions on whether or not those restrictions are reasonable; and whether there is evidence showing why those limitations were necessary in your case. This article explains how medical restrictions affect workers’ comp cases and provides guidance on negotiating return-to-work issues with medical providers and employers so as to not compromise benefits.
The term “light duty” refers to any work that is less strenuous than a worker’s usual job. Light duty can include activities like filing paperwork, answering phones, or performing data entry. Workers are often eligible for light duty after an injury because it allows them to remain on the payroll while recovering from their injuries.
Light duty restrictions are stipulations that dictate what activities can be performed during a shift. For example, if an individual suffers a back injury, they may be ordered not to lift more than twenty pounds. If an employee violates their light-duty restrictions and is hurt again, then they may not be eligible for compensation benefits through workers’ comp insurance (this is called a “non-compensable injury”).
Employers often have the final say about whether or not an employee is fit for light duty work; however, as an experienced Virginia workers’ compensation attorney, Mark Hurt can listen to the facts of your case, evaluate whether your employer has complied with Virginia workers’ compensation law, and zealously advocate for the accommodations and full compensation you rightfully deserve.
A medical restriction is a written statement from a treating physician that describes the limitations an injured worker has suffered due to a work injury or occupational disease. A work restriction letter can be provided by any healthcare provider who treats a workplace injury or occupational illness, including (but not limited to) primary physicians, surgeons, specialists, pain management doctors, neurologists, psychiatrists, psychologists, and cardiologists.
When an individual sustains a workplace injury, their employer may offer light duty work, also referred to as:
This can be a great benefit for both parties, as it allows workers to get paid to recover from an injury, and the company obtains help with its staffing needs. But what exactly is “light duty”?
In Virginia, a light-duty job consists of work that is mentally or physically less demanding than the job performed before the injury. An employee who has suffered a compensable injury may be offered “reasonable accommodations” so they can continue working while recovering from their injury.
These accommodations may include the following:
Under Virginia workers’ compensation law, a worker is restricted to light duty when they are unable to perform each task associated with their regular position due to a workplace injury.
When filing a claim for workers’ compensation, it is important to provide medical evidence of any work restrictions. As such, it is critical for injured workers to ask their doctor (or other licensed medical professionals) for written documentation of the debilitating condition and how it affects the individual’s ability to work.
Physicians are not experts on return-to-work issues, and many are uncomfortable making determinations on whether employees can return to their occupations with job restrictions. While certain healthcare providers (such as orthopedic physicians who regularly treat workers’ compensation patients) are proficient in providing work restrictions, many others are not.
As an experienced Virginia workers’ compensation law firm, we recommend asking a physician or nurse practitioner for a written letter describing any work restrictions at each visit. Then, we advise clients to make two copies of the written documentation: one for the employer and one for their Virginia workers’ comp attorney.
Work restrictions are critical in a Virginia workers’ compensation case, as they can help injured workers get back to work quicker and get better faster. Further, medical restrictions impact an individual’s rights and responsibilities under Virginia workers’ compensation law and what must be proven to recover or keep wage loss benefits. For example, work restrictions often serve as the basis for temporary total disability and temporary partial disability payments.
When submitting a workers’ compensation claim seeking compensation for missed work, it is vital to include medical documentation detailing work restrictions. Without such medical evidence from a doctor or nurse practitioner stating that an injured worker has job restrictions because of a workplace accident, the Virginia Workers’ Compensation Commission is unlikely to award cash benefits.
Even though work restrictions are vital to a Virginia workers’ compensation case, many doctors hesitate to give patients work restrictions for three primary reasons:
As an experienced work restriction lawyer and light duty attorney, Mark Hurt can help compile documentation that will increase the likelihood of securing full and fair workers’ compensation wage replacement benefits.
Work restrictions can cover a variety of tasks and are mostly dictated by the type of injury from which an employee is suffering and the type of work he or she performs. The following are several common work restrictions related to work injuries:
If you were given work restrictions by a treating physician but are facing opposition from an employer, we invite you to call The Law Offices of Mark T. Hurt today to schedule a free consultation to learn more about your rights and how we can help.
There are no federal laws requiring employers to offer light duty work. However, some state and federal laws require employers to provide modified work in certain situations. For example, The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations if a work injury substantially limits an individual from performing one or more major life activities. As another example, the Family and Medical Leave Act (FMLA) provides up to twelve weeks of job security (although this leave may be unpaid).
Virginia employers who refuse to offer light duty work are under an obligation to offer vocational rehabilitation. As such, if an individual suffers a compensable injury and the employer is unable or unwilling to offer light duty work restrictions, the injured employee has the right to ask for vocational rehabilitation services at the employer’s expense.
If an injured worker is under an open award, which means they have an Award Letter providing ongoing wage loss benefits, then he or she does not have to look for a light duty job if they are released from being totally disabled to partially disabled with work restrictions. Conversely, if an individual does not have an open award and their claim is pending, then they will need to seek light duty work in accordance with the job search guidelines provided by the Workers’ Compensation Commission.
Whether or not you can refuse a light duty job offer from an employer and continue to receive workers’ comp benefits depends on whether any part of that job falls outside of your work restrictions and/or whether your treating physician has signed off on the light duty job offer.
The general rule is that if any part of that job falls outside of the work restrictions and/or if a treating physician has not signed off on a specific position within those restrictions as safe for someone with those injuries/conditions (including musculoskeletal disorders), then there is no obligation on the part of either party to offer or refuse light duty work.
Simply stated, employers cannot force employees into accepting jobs they cannot perform safely due to injury, and injured workers do not have legal obligations where there hasn’t been adequate consideration given towards their health care needs before placing them into positions where they could possibly suffer further injury due primarily towards negligence on behalf.
However, if a doctor clears an individual to return to an available light duty job or if the job is clearly within a set of work restrictions, then a workers’ compensation claimant can risk losing their benefits by refusing a light duty job offer.
While the Workers Compensation Act does not require a Virginia employer to pay regular wages if an individual returns to a light duty job, some employers will do so. But others will pay a lower wage because a worker is not performing the same tasks they were performing at the time of the injury.
If this happens and a worker is earning less in a light duty job than before because it pays a lower salary or fewer hours are being worked, then the individual may be eligible for temporary partial disability benefits (TPDB). These cash benefits are paid at two-thirds of the difference between the pre-injury average weekly wage and post-injury average weekly wage.
If a physician removes work restrictions, the employer is not required to reinstate a worker’s position under the Workers’ Compensation Act. However, if you believe that your employer has discriminated against you because of your compensation status or has terminated your employment due to filing a claim for workers’ compensation benefits, then contact an employment lawyer immediately. You may be eligible to pursue a labor or employment law claim while receiving workers comp benefits.
Light duty may affect the value of your workers’ compensation settlement or benefits in several ways:
If you are injured at work, you may be entitled to compensation. While some workplace injuries are minor enough to be treated with first aid, others will require medical care and time off from work. If your employer offers light duty or other restrictions as part of their workers’ compensation policy, it is vital that you understand how this might affect your claim.
An experienced Virginia workers’ comp law firm, we can help ensure that all of the details surrounding your injury have been properly documented by your employer and insurance company (if applicable). We can also negotiate with the parties on your behalf so that any potential settlement reflects the extent of both short-term and long-term impacts from the accident.
If you have questions about how light duty work restrictions may affect your (or a loved one’s) claim, schedule a free consultation with experienced Virginia workers’ compensation lawyer Mark Hurt.
Light duty typically includes modified or less physically demanding tasks that fit within your doctor’s medical restrictions, such as desk work, reduced lifting, or shorter shifts.
If the work offered is consistent with your doctor’s restrictions, you may be required to accept it. Refusing without medical justification could impact your workers’ compensation benefits.
The number of hours you can work depends on your doctor’s recommendations. Some injured workers may be cleared for part-time shifts, while others may return to full-time hours with restrictions. Your medical provider sets the guidelines, and your employer must follow them.
The length of time you stay on light duty depends on your recovery and your doctor’s ongoing evaluations. Some workers only need light duty for a few weeks, while others may remain on modified work for months. If you are unable to return to your regular job duties, you may continue receiving workers’ compensation benefits.
If no suitable position exists, you may still qualify for workers’ compensation benefits to help cover lost wages until you can return to your regular duties.
No. If your employer assigns work that violates your medical restrictions, you should immediately notify your doctor and contact a workers’ compensation attorney.
Accepting appropriate light duty work allows you to keep earning income. However, if the modified role pays less than your original position, you may be eligible for partial wage replacement benefits.
Report any changes in your condition to your doctor and employer right away so your work restrictions can be updated.
