If an employer can get you back to work, they don’t have to pay up wage-loss benefits, which can be a huge incentive for them to try and find you any work they can, also known as “light duty.” The problem with this though, is that it most of the time patience will run out and your employer will send you to have an independent medical examination (IME), which allows them to easily have a medical professional sign a form saying your work restrictions no longer apply. This, of course, leaves employees with only two options: compromise their health and keep working, or compromise their financial security by losing their job. Basically, it opens up a whole mess of problems, which is why we’ve come to straighten some things out so you can protect yourself!
Getting Workers’ Compensation While On Light Duty
Disabled employees receiving workers’ compensation benefits must accept any offers for light duty employment presented. It doesn’t have to be the same job you have before, or even anything similar. So long as it’s safe, and accommodates your unique limitations, it’s a fair deal. Just make sure if you’re earning less, the payment of differential wage loss benefits are included in your benefits.
Refusing Light Duty While Receiving Workers’ Compensation
Legally, you cannot simply refuse light duty. The only way to get out of it once you’ve been offered a “reasonable” position is if the job offered somehow does not comply with your restrictions/limitations. Or, in a small percentage of cases, if the place of employment is too far from your residence, or the hours offered are unreasonable. Just know though, there’s a good chance the job will be terrible no matter what since it’s in the best interest of your employer to try and get you to just quit anyway.
Paying For Job Restrictions with Workers’ Compensation
While it is true that employers should compensate employees on job restrictions directly, with workers’ compensation paying differential wage loss benefits to those earning less, you still have to be careful. There are a lot of insurance companies that manipulate disabled employees into work bogus “transitional” jobs to get out of paying for wage loss benefits, and it hardly ever works out.
Getting Out Of Job Restrictions
Job restrictions have a notorious reputation. Many disabled employees wind up being treated so badly while on them that they end up wanting to just quit anyway, which means losing all of that financial assistance. The problem is, most disabled employees don’t see any other way out, they have to accept the light duty employment or else they’re ineligible for benefits – but there is a way. Opting for a settlement instead is one of the easiest ways to get out of job. Just speak with a qualified attorney, and let them know you’re interested in a one-time cash settlement.
Our compassionate workers’ compensation attorneys at Aiello Law Group will always act in the best interests of you, and your family. Call us, today, at 313.964.4900 or fill out the form in the sidebar or on our contact page, and learn more about how we can help you.
