When returning to work on Workers’ Compensation, you may be on light duty work restrictions or require accommodations. You should never work beyond what your doctor says you can handle, which can be an issue if your employer says no light duty work is available.
If your employer cannot accommodate your injuries or provide light duty work, you may need to find work elsewhere. Workers’ Comp will pay some of the difference in wages even if you work somewhere else. If your employer tries to stop your benefits while you are looking for work or working at an available job, we can take that up with the Workers’ Comp Judge.
For help, call our Certified Pennsylvania Workers’ Compensation Lawyers at Cardamone Law today at (267) 651-7945.
Who Sets Light Duty Work Restrictions?
Your doctor sets these restrictions.
When you are healing up and your doctor thinks you can go back to work, the doctor will issue a Notice of Ability to Return to Work. This may include instructions and restrictions on what duties the doctor thinks you can perform, including
- Light duty restrictions
- Accommodations you need to perform your job without too much stress/strain.
Does Your Employer Have to Hire You Back?
Generally, no. Whether it is because they cannot provide you with any light duty work or for other legal reasons, your employer does not have to take you back after you are out on disability.
Does My Employer Have to Keep My Job Open?
Your employer has no obligation to keep your position open and wait until you come back. Especially if the job needs to be filled, they can hire someone else to take your spot.
Does an Employer Have to Offer Light Duty Work?
Your workplace might not be able to accommodate light duty work, or it may have no jobs you can perform with your current restrictions. This doesn’t mean you will never get to work at that job again; it might just mean that they cannot take you back until you are back to full duty.
What if My Employer is Lying?
When an employer says they have no work for you, that needs to be backed up with facts and evidence. An employer cannot just say, no, we have no light duty work; they have to explain why they cannot provide light duty work.
Many jobs do have positions an injured or recovering worker can fill temporarily, and so this claim is not always true.
Can You Be Fired While on Workers’ Comp?
Unfortunately, the law also allows you to just be fired or let go while you are on Workers’ Comp. They cannot fire you because you filed a Workers’ Comp claim, but they can fire you for other lawful reasons.
If your employer has no work you can perform with your restrictions, that is a legal reason to let you go. However, they can also fire you for cause, such as the fact that you caused an accident or were acting dangerously at your job in the first place.
Finding Alternate Work
Once you receive a Notice of Ability to Return to Work, you have to start looking for suitable work that fits your work restrictions. This means you can apply elsewhere if your employer cannot provide you with a suitable position.
Pennsylvania has public services you can use, and Workers’ Comp may be able to provide you with things like retraining or job search help. Talk to your Pennsylvania Workers’ Comp lawyer about what might be available in your specific situation to get you back to work.
FAQs for Light Duty Work on Workers’ Compensation in Pennsylvania
What Constitutes “Light Duty” Work?
What is considered “light duty” for you and your job will depend on your physical limits and what work you can perform. For example, light duty work might entail moving from a physically demanding job to a “desk job.” People who already worked a “desk job” before their injury might need more specific accommodations, like additional breaks.
What is a “Reasonable Accommodation”?
Employers cannot discriminate based on disability or injury status. They must “accommodate” workers who cannot otherwise work there by providing them with exceptions to standard rules, when reasonable.
For example, providing you with a stool at the cash register or additional break time is usually reasonable. Accommodations may be “unreasonable” if they are too expensive or difficult to pull off.
If, after reasonable accommodation, you still cannot perform core job requirements, they may be able to decline to hire you or dismiss you from the position.
What if You Return to Work Early?
If you go back to work before you get a Notice of Ability to Return to Work, your employer can file what’s called “supersedeas” and file a Petition with the Workers’ Comp Judge to change your benefits.
Your wage-loss benefits can be reduced or terminated, especially if your return to work shows that you aren’t actually disabled anymore.
What if You Work More than Your Light Duty Restrictions?
Never work beyond the doctor’s restrictions. If you do, it may show your employer that the doctor was wrong and that you are no longer disabled at all. That can lead to termination of benefits.
Always work with a lawyer to review job duties and your doctor’s orders to avoid running into complications.
What Workers’ Comp Benefits Do I Get on Light Duty Work?
When you work light duty, it still often means your wages are below what they were before the accident. This means your wage-loss benefits will usually be recalculated as 2/3 of the difference between your pre-injury and post-injury wages.
Medical benefits continue as long as you still need treatment.
Is Light Duty Work the Same as Partial Disability?
In Pennsylvania, the terms “total disability” and “partial disability” deal with the degree of injury and physical limitation you face, not whether your disability benefits cover a full or partial wage. Your wage-loss benefit rate is instead based on how much you actually make, not your disability status.
You stay on “total disability” as long as an impairment rating evaluation (IRE) says you are at 35% whole body impairment or more. You undergo these medical evaluations twice a year after the first 2 years. If you do switch to partial disability, you can only get benefits for 500 more weeks.
Call Our Workers’ Compensation Lawyers in Pennsylvania Today
Call (267) 651-7945 for a free case evaluation with Cardamone Law’s Philadelphia Workers’ Comp lawyers.
