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Light Duty and Pennsylvania Workers’ Compensation
If you sustain a work injury in Pennsylvania, an employer-approved panel doctor may tell you not to return to work because your injuries do not permit it. A doctor may also give you a note with restrictions. In this case, your employer may offer you modified– or light-duty work instead of giving you time off. Choosing not to return to work could result in losing your workers’ compensation. To avoid losing benefits while ensuring you prevent adding to your injuries, you need to understand what light-duty work is and how it can impact your job functions while healing.
What Is Light Duty at Work in Pennsylvania?
What exactly happens when you return to your employer to perform light-duty work? The good news is that many employees can return to their place of employment and perform light-duty work without a problem. Light-duty work is a temporary work placement in a physically less-taxing job.
Light-duty work can be completely different from your usual work tasks, or it can be a modified version of them. Modified-duty work occurs when your employer changes your current work conditions or duties until you are healed so your work meets the restrictions your physician establishes. Generally, you will continue completing light-duty work until you recover from your injury. Good employers will offer these modified work assignments in good faith, doing what they can to accommodate your needs and ensure you are safe in the workplace.
Possible Examples of Light-Duty Work
Restrictions for light-duty work typically fall into three categories — movement restrictions, lifting restrictions and one-hand restrictions. Movement restrictions limit requirements regarding how long you can sit, stand or walk. Lifting restrictions typically define the amount of weight you can carry or lift. One-hand restrictions exclude you from completing work-related tasks that require using an injured hand.
Light-duty work options for injured workers can vary depending on the industry, but they can include:
- Completing paperwork
- Entering data into computer systems
- Working in an office or at a desk
- Sitting as a greeter at the front desk
- Supervising work areas
- Monitoring cameras
- Reporting on work areas
- Conducting training sessions for other employees
- Maintaining work equipment
While light-duty work can offer an appealing alternative for many businesses, some injured workers have less-than-ideal experience when returning to work. For example, in Pennsylvania, it’s legal for employers to give their injured employees “no duty” positions. In these job assignments, employees will stand or sit in a certain spot with no work to do. If you’re dealing with harassment from your employer as an injured worker, speak with an attorney about your rights.
Will Light-Duty Work Impact Workers’ Compensation?
Light duty workers’ compensation offers several types of benefits. Pennsylvania light-duty workers’ compensation laws provide benefits such as medical and financial assistance, depending on your situation. These laws also ensure you can return to full, pre-injury employment upon healing.
To ensure you maintain your benefits, check out the following information regarding your workers’ compensation:
1. Workers’ Comp Light-Duty Pay May Be the Same or Less
Your workers’ compensation payments may be affected if you accept a light-duty job. The amount of your workers’ compensation lost wages will depend on whether you are paid the same or less for your light-duty work. If you are paid the same as what you made before your injury, then you will no longer receive payments for lost wages.
If you are paid less than you were before your injury, you’ll receive payments for lost wages as partial disability benefits. In Pennsylvania, this amount is calculated by first subtracting your current wages from your wages before your injury. Two-thirds of that amount is your partial disability payment.
For example, if your weekly pay before your injury was $400, and your weekly pay for light-duty work is $250, the difference is $150, and your partial disability payment will be $100.
$400 minus $250 equals $150
$150 times two-thirds is $100
You can receive a partial disability award for a maximum of 500 weeks.
2. You Can Turn Down Light-Duty Work, But Your Employer May Suspend Your Benefits
If your employer offers light-duty work, you may consider turning it down if the job is not within your medical work restrictions. Why would you want to go back to work with an injury, even if the work will be less physically demanding? Many of us would rather take the appropriate amount of time to focus on recovering from the work injury.
Though you may be tempted to turn down light-duty work, you may want to weigh your options carefully. Turning down an offer of light-duty work can put your workers’ comp benefits at risk. Employers in Pennsylvania have the right to offer qualifying injured employees modified duty work. This often includes work assignments that are light-duty or alternative work programs.
However, if your doctor clears you to return to light-duty work, and you refuse, then your employer can file what is known as a Suspension or Modification Petition. You’ll continue receiving your benefits after your employer files this petition until a judge determines in a hearing whether your benefits should be continued, modified, suspended or terminated. If a workers’ compensation judge determines the modified work is within your physical capabilities, you may lose your workers’ compensation benefits.
If you believe you’re unable to return to work, see your personal doctor. If your doctor provides a contradicting opinion to your employer’s doctor and doesn’t believe you should return to work — even to a light-duty assignment — then you may have a case and be able to turn down the light-duty job.
When you receive an offer for light-duty work from your employer, respond promptly. Call and speak to your employer about the work assignment. You can also consult with an attorney about questions you may have pertaining to the job assignment and your rights as an injured worker.
3. A Doctor Must Clear You for Light-Duty Work Before You Complete Tasks
A job offer for light-duty work often relies on the opinion of a doctor chosen by your employer. Employer-chosen doctors can have biased opinions and may provide a very different opinion from your personal doctor. The doctor’s report may include a diagnosis of your injuries and your physical capabilities so your employer can consider these when establishing your light-duty work restrictions.
If an employer-selected physician clears you for light-duty work, your employer may offer you a job assignment. If this doctor doesn’t clear you for light-duty work, however, you won’t need to return to work yet, and you can continue receiving your workers’ compensation benefits while you recover.
4. You Have the Right to a Second Opinion
You can always seek a second doctor’s opinion. Your employer may require you to visit a provider they chose, but you don’t have to accept the results. If you feel that your employer-chosen doctor is not providing accurate recommendations, you should schedule a visit with your own doctor. If this is within the first 90 days of your claim and you are under a panel doctor only limitation, you may have to pay for any associated fees, such as co-pays, for visiting a second doctor, but the results can be worth it if it allows you the proper healing time and work recommendations.
5. Pennsylvania Employers Are Not Obligated to Provide Light-Duty Work
Under Pennsylvania law, if an employer has a job vacancy that an injured employee can perform, they must offer this job to the employee. However, employers in Pennsylvania have no legal obligation to have light-duty work available for injured workers.
Instead, you may receive a notice about an available position at a charitable organization. Organizations like Goodwill are typically in need of more workers, and they aren’t likely to turn down an employee who is being paid by another employer’s insurance company.
If your employer doesn’t offer a light-duty work option, you’ll continue receiving your workers’ compensation benefits.
6. Your Employer May Terminate You After You Accept Light-Duty Work
If your employer offers you light-duty work after your injury, and you accept, your employer may decide to fire you anyway. To justify your termination, they may claim you cannot perform your job well, the company is downsizing, you broke a company rule or they only intended to provide the light-duty work temporarily. Your employer may even be looking for a reason to fire you, so if you do return to light-duty work, make sure you show up to work on time and follow all of the company’s rules and policies.
If your employer lays you off after putting you on light-duty work, you’ll still continue receiving your workers’ comp benefits. If your termination is for cause, such as showing up late, breaking a company rule or another justifiable reason, the termination may jeopardize your workers’ comp case.
7. You Should Consult With an Attorney About Your Rights and Benefits
Do you have questions or concerns about returning to light-duty work or how light-duty work may affect your workers’ compensation benefits? If you have concerns about your work restrictions or your light-duty work hours, consult a workers’ comp attorney. At Frommer D’Amico, we will provide you with a free consultation and offer advice about your workers’ comp claim and how to proceed with a light-duty work offer.
If you’re not sure whether you have a case or if you have concerns about light-duty work and your workers’ comp benefits, reaching out to an attorney is the best course of action.
Frequently Asked Questions About Light-Duty Workers’ Comp
With so many laws and rules surrounding workers’ compensation, it’s understandable that you may have some questions. While it’s best to consult with an attorney regarding your specific needs and situation, the following answers to common questions may help you make an informed decision.
1. Should You Stay Home and Use Sick Leave Instead?
There may be situations where it can benefit you to use the paid sick leave you’ve accrued rather than relying on workers’ compensation benefits. Workers’ comp can help you recover many lost wages, while sick leave ensures you gain the complete amount.
Remember that choosing to use sick time over performing light-duty work may not give you adequate time to recover from your injuries. Without enough recovery time, your employer may expect you to complete pre-injury employment tasks upon your return, which could worsen your injury and cause additional concerns in the future.
2. Can Light-Duty Work Make Your Injuries Worse?
Your doctor should outline all restrictions and provide recommendations for healing from your injuries and preventing tasks that could slow or stop the healing process. If your employer asks you to perform work that your doctor has not cleared you to do, inform your employer immediately. Generally, it will be in your employer’s best interest to offer a different task that does not affect your condition.
You can also make another doctor appointment to discuss specific work tasks that your doctor has not explicitly cleared or prohibited. If your employer does not make the necessary accommodations, contact an attorney to learn more about your options. Do not quit your job!
3. What Happens if a Light-Duty Task Doesn’t Work Out?
In some cases, injured workers may find employer-defined light-duty work is not viable. Varying factors, such as the nature of your specific injury, can impact your ability to complete certain tasks. Speak with your employer and seek medical advice regarding possible work tasks you can complete.
Request a Free Consultation From Frommer D’Amico
If you have any concerns about the work your employer asks you to complete, your workers’ comp benefits or how quickly your employer asks you to return to work, connect with the Frommer D’Amico team for a free consultation.
Our experienced workers’ comp attorneys have the skills and knowledge to evaluate your case and fight for injured employee rights. Our certified workers’ compensation experts offer personalized attention to your case, and we do not charge case management fees if your case is not before the courts, which saves you money.
We proudly serve multiple locations throughout Pennsylvania, ensuring you have a local attorney on your side whenever you need us. With a comprehensive and transparent fee structure, you can easily evaluate costs and estimate your pay.