There are cases where an injured worker could return to work if they could perform less strenuous tasks. Workers who perform these jobs (called light-duty work) while they are on temporary disability or even on permanent disability benefits can earn an income and have the satisfaction of helping their employer and their community. Employers benefit by having a skilled worker instead of having to hire a new worker. Sometimes, the more strenuous parts of the job can be assigned to other workers.
That is how things should happen. The problem is, once an injured worker has a permanent injury, and is no longer able to do his or her full duties on a permanent basis, that employee presents a risk of exposure for additional cost to both the employer and their insurance company.
In many cases, an injured worker who returns to work on permanent light duty will frequently find themselves terminated by the employer at some point. The excuse the employer will give for the firing is that the employer can “no longer accommodate” the injured worker’s work limitations, or they may just say they are downsizing.
Workers compensation claims are complex. Navigating the system is not easy and not always fair. Our team of expert workers’ compensation lawyers know the games insurance companies play, and we know how to beat them.
Some workers simply cannot return to the same type of job that they had before their workplace injuries happened until they have completed their course of medical treatment, while other workers can never return to the jobs they held before the work accident.
If your future is uncertain because of an injury, call the workers compensation team at Rutter Mills at 757-777-7777. With over 65 years in Hampton Roads, we know how workers’ comp works.
Light-duty jobs can include the same work but with less intensity. Light-duty jobs may also include different jobs such as:
Just because your doctor says you are capable of returning to work at a light-duty job, that doesn’t necessarily mean your employer can terminate your benefits. If you are under an Award, your employer actually has to offer you a light-duty job, or have a vocational counselor find one for you via vocational rehabilitation if they want to cut off or reduce your weekly benefits.
If the employer doesn’t offer you a light-duty job or find one for you with vocational rehabilitation, and you are under an Award in Virginia, or an Accepted Claim in North Carolina, you should be able to continue receiving your full temporary total disability benefits on an ongoing basis, for up to 500 weeks.
If your employer does offer you light-duty work, and you are under an Award, and you refuse to do that job, your employer will seek to terminate your workers’ compensation benefits. The job offered must be a genuine offer of suitable employment that you are capable of performing within your restrictions. If you refuse to do that job, you will likely lose your benefits. The same would apply if the job was found for you at another company by a vocational rehab counselor.
The same is true in North Carolina. The only difference is you get a hearing on the issue, whereas in Virginia, on just the flimsiest of evidence of a job offer and a refusal of that offer, your benefits will cease IMMEDIATELY. It may not always be fair, but it’s the law in Virginia.
If you are not under an Award or Accepted claim, and if your employer is not accommodating your light duty, then if you want benefits, you will have to market your residual capacity to work with at least 5-7 employers per week, and document that search very well. You are also likely to have to go to a hearing to PROVE that you are entitled to ongoing benefits.
Of course, if your health improves to the point that your authorized treating physician says you can perform all of your prior job duties, then even if your employer does not make prior job available to you, you would still be cut off of all benefits at your previous salary or for more compensation.
Even if you are under an Award, a return to light duty work with your employer, especially if it is as the same pay rate as before the accident, means the insurance company is again off the hook from paying you weekly benefits. What’s worse, you are now at the tender mercies of your employer, and upon return to light duty work, you are likely to find your work environment difficult.
Why would the employer want to treat you poorly, if you are coming back to light duty work and they are accommodating you? In short, they are trying to goad you into acting out so you can be fired for cause. Being fired for cause while on light duty is essentially the end of your workers’ compensation case in Virginia.
With over 30 years of experience fighting for the rights of injured workers and accident victims, Attorney Joe Miller has built a career defined by aggressive advocacy, deep legal knowledge, and a commitment to personalized care.
We hold employers and companies accountable for their negligence that caused your injuries to help you get the support you need for your recovery. Call or text 24/7 at 757-777-7777 or fill out our contact form here to get in touch with one of our attorneys.
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If you’ve been injured on the job, workers’ compensation insurance may entitle you to critical assistance like medical treatment, lost wages, and more. But insurance companies will put up an aggressive fight to resist paying you the compensation you need and deserve. Rutter Mills can help get you the money you deserve.
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