Most injured workers want to return to gainful employment as soon as possible following a work injury, but it’s possible that it is not safe for you to return to your normal job for weeks or months after the injury. However, it’s possible that your employer has work for you to perform while you recover that suits your current injury restrictions. This is known as light duty work, and it’s a fantastic way for employees to earn a paycheck while they are recovering and for employers to have some crucial tasks performed by an employee who is familiar with their system.
If you are injured and considering pursuing some light duty work while you wait to return to your normal job, know that you have certain rights and your employer has specific responsibilities they must follow. In today’s blog, we take a closer look at your rights and your employer’s responsibilities when it comes to light duty work in Minnesota.
Light Duty Employee Rights
Let’s start by looking at your rights as the injured employee. If your employer offers you light duty work following an on-the-job injury, you have the right to:
- Understand, in writing, the nature of the light duty work and how it fits within your current medical restrictions.
- Consult with your treating physician to see if the light duty work being offered complies with your current medical restrictions.
- Consult with your attorney or your union representative prior to accepting any light duty work.
- Accept, decline or counter the light duty offer.
As to the last point, you always have the right to accept, decline or counter the light duty offer, but this decision can have an effect on your workers’ compensation benefits. If you decline light duty work that is determined to be within your current medical restrictions, you may find that your employer’s workers’ compensation provider issues you a Notice of Intent to Discontinue. This means that they intend to stop paying workers’ compensation benefits. One of the pillars of the workers’ compensation program is that an employee accepts reasonable light duty work while recovering from an injury. If you refuse this work, your employer’s insurance provider can legally stop paying benefits because you are not holding up to your end of the bargain. Conversely, if you turn down light duty work because it is outside your restrictions, your benefits will likely continue.
Light Duty Employer Responsibilities
Your employer also has some responsibilities to consider when offering light duty work to an injured employee. An employer must:
- Offer light duty work that is within a worker’s physical restrictions, if the employer is able to offer a light duty role.
- Provide written details of the specifics of the light duty work (role, duties, hours, wages, physical demands, etc.).
- Not discriminate against injured employees.
- Not force an employee to take light duty work or retaliate against an employee based on their decision in regards to light duty work.
Most employees and employers follow these responsibilities and uphold these rights, but if you are running into any issues with your employer or their insurance company, be sure to reach out to your injury lawyer. They’ll be able to give you some professional guidance for navigating your light duty situation. If you’re still looking for a lawyer to help with your injury case or other aspects of your claim, consider reaching out to the team at Hey Workers today at (844) 439-9675.
