Why You Shouldn’t Accept Light Duty Offers In North Carolina Without First Consulting An Attorney

In this article, you can discover…

• How “light duty” is defined in workers’ comp law.
• Whether your employer can force you to return to work after a workplace injury.
• The benefits of talking with an attorney before accepting light duty.

What Does “Light Duty” Mean Under Compensation Law?

The Department of Labor and the Social Security Administration define light duty very specifically. Namely, they define “light duty” as the ability to lift 20 pounds occasionally and being able to stand and walk for six hours of an eight-hour workday.

In more general terms, “light duty” is typically understood to mean a less physically demanding work position offered to you by your employer in light of an injury or medical condition. It could be your old job with fewer demands or an entirely new job.

In most cases, the insurance company and the employer take the position that this light duty is within your capabilities and is preferable to your taking extended time off and doing no work at all.

Can My Employer Force Me To Return To A Light Duty Job After A Workplace Injury?

Your employer can not force you to return to a light duty job. However, if you refuse a light duty job, your employer could argue that the work is within your capacity and that your turning down reasonable, available work should release them of their obligation to pay you workers’ comp benefits.

Will My Doctor Approve A Specific Light Duty Job Plan?

That is possible. Your employer could write up and present a light duty job description to your treating physician, outlining the job’s tasks and physical requirements. Your doctor would then either approve that light duty job as something you can physically handle, or reject the proposal as being beyond your abilities.

If your doctor approves the light duty job description, your employer can make a more formal light duty job offer. Should you refuse the doctor-approved light duty job, your employer may be able to withhold workers’ comp benefits, and it’s important to allow your attorney to advocate for you at this stage.

Attorney Justin Wraight is a respected, experienced workers’ comp attorney serving North Carolina. Since 2003, he’s helped injured workers just like you navigate both benefits and their health, helping them understand the law while protecting their rights and well-being.

Have questions, or in need of practical legal help? Reach out to Cardinal Law Partners for a free initial consultation today.

How Can Accepting A Light Duty Offer Affect My SSDI Or Workers’ Comp Benefits?

Once you accept a light duty job, it can be very difficult to convince an insurance company to start paying workers’ comp benefits. They’re likely to take you to court over those benefits, and the legal process could take months.

With respect to Social Security Disability, returning to work on light duty can be very problematic, as Social Security often has a hard time understanding “light duty”. A Social Security judge will often assume that “work is work”, fail to see the nuance, and deny you benefits simply because you seem able to work.

In the case of Social Security, it’s best not to take the light duty job, helping a judge understand that you can not work and truly need these disability benefits.

Why Should I Talk To A Workers’ Comp Attorney Before Accepting A Light Duty Position?

A workers’ comp attorney can help you better understand your options and the possible outcomes ahead. You’ll understand what will happen if you refuse the light duty position, what happens if your doctor approves a light duty job description, and what happens if the job offered pays less than your old position.

These are important questions to answer, as your capacity to seek benefits or partial benefits will be impacted. Your attorney can also reach out to the insurance company and the North Carolina Industrial Commission to better explain your limitations and your medical condition.

How I Prepare Clients To Communicate Effectively With Employers About Light Duty

Many injured workers feel they’re in a no-win situation. If you stay out of work to protect your health while collecting benefits, this could easily harm your relationship with your employer. If you go back to work and accept a light duty job, you risk losing your workers’ comp benefits should this position prove too difficult later on. This can quickly lead to resentment and a strained relationship with your employer.

To help you, I can speak with your employer to help present your case. I can let your boss know, “This is a solid worker throughout their work history, and they haven’t done anything wrong. They just need to be healthy and improving and not be forced into work that they can’t handle yet”.

When your employer is only looking at their bottom line and not considering the health of their injured employee, I can easily step up as your advocate.

Still Have Questions? Ready To Get Started?

For more information on light duty work and NC workers’ comp, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (833) 444-4257 today.