DC, Maryland and Virginia Workers Comp What Is Light Duty?

By Frank R. Kearney, Esq.

Donahoe Kearney, LLP

. https://www.donahoekearney.com/

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DC, Maryland and Virginia Workers Comp What Is Light Duty?

Before going back to work, the doctor can put you on light duty. Basically, he gives you restrictions that say you can do some activities, but not everything your job requires. Usually your doctor will say you can't lift over 20 pounds after a back injury or no overhead work after a torn rotator cuff surgery, or no climbing ladders after a knee surgery. If you have any type of restriction from your work injury that prevents you from doing your regular job, and your company offers you work within those restrictions, that's light duty.

But, what if your employer doesn't have light duty? What should you do? Remember, light duty means that you're at work performing some duties (not the full duties of your job) and you are being paid accordingly. Also, remember, if you are earning less money than you were at the time you got hurt (and that's per week, not just your hourly rate), you should be getting workers comp checks to make up the difference while you're on light duty.

Here's how it works if you're making less money on light duty because you are working less hours or can't do overtime like you used to, your workers comp benefits would be two-thirds of the difference between your wages at the time you got hurt and the new light duty job. These benefits are called temporary partial disability benefits.

Light duty doesn't stop you from getting your disability benefits, but if you're offered light duty work within your restrictions and you turn it down, the workers comp insurance company can stop or reduce your benefits.

And if your company doesn't offer light duty work, they have to continue to pay your full workers compensation rate.

Many construction companies do not have light duty in the trade. So even though a doctor may say you can return to some work with restrictions, until you are cleared to return to full duty, your workers comp benefits should continue at the full rate. So, it is really important to get a note or disability slip from your doctor indicating any restrictions or limitations you have because of the work injury.