Employer fails to notify injured worker about his “light duty” work

Some Virginia workers who are hurt on-the-job may not be able to return to work right away.  However, after they’ve had some time to heal their doctor may allow them to return to “light duty” or restricted duty work.

This means that they can work, just not at the same capacity as they used to.  The doctor will specify what the worker can and cannot do, and the employer is required to try and find a position meeting the employee’s restrictions.

An interesting case happened in Kansas, when an employer cut off a worker’s permanent partial disability benefits.  Why did they do this?  They claimed that the worker failed to perform the light duty work they had for him after his doctor cleared him for this type of work.

First lesson: if your employer offers you light duty work that meets your doctor’s criteria for your work restrictions, you must take it or you could lose your benefits!

In this case, the employer lost and had to reinstate the worker’s benefits.  Why?  Because the employer and the worker’s doctor exchanged communication about the type of work that the partially disabled worker would be able to do.  However, there was no evidence in this case that the worker himself was told that his employer had a light-duty position available that was approved by his doctor.

Second lesson: you can’t be held responsible for what happens if your employer keeps you in the dark about your workers’ comp status.

Need help with your Virginia workers’ comp claim?  Please contact us to talk with an experienced Virginia workers’ comp lawyer about your case.