Do I Have To Accept ‘Light Duty’ If Offered?

When a person sustains an injury at work, most want to get back on the job as quickly as possible. Many are able to do so if their employer offers what is known as ‘light duty’ – essentially, modified tasks that are able to be done by an injured employee. However, there are certain scenarios where an injured worker might not wish to accept light duty if offered. Whether or not they have to is a complicated question.

“Medically Appropriate” & Consistent

In theory, a worker who is cleared for light duty by their treating physician is not required by law to accept it. In practice, refusing a light duty role when it would be medically appropriate to take it can result in their workers’ compensation benefits being discontinued. The implication, rightly or wrongly, is that the person simply does not wish to work at all, if they feel confident enough to refuse light duty.

The critical factors in whether or not a person must accept light duty from their employer are three: whether or not it would be medically appropriate to do so, whether the posting is offered in good faith, and whether it is consistent with the employee’s past work. Unless all three criteria are met, Florida workers’ compensation law allows the injured employee to refuse light duty.

Know Your Rights

In general, if the three criteria are met, an injured employee must accept light duty or risk losing their workers’ compensation benefits. However, if the treating physician denies medical clearance for light duty, or if the posting is retaliatory in nature, the employee will generally be allowed to refuse the offer – though it is important that they take the appropriate legal steps to protect themselves.

If an employee tries to perform light duty and cannot, their treating physician can reevaluate their medical fitness for the work – but an employer may not retaliate or take any other potentially punitive steps. If they do, it is important that the employee consult an experienced attorney as quickly as possible, so that they can preserve their workers’ compensation benefits in the face of an unscrupulous employer.

Contact A Maitland Workers’ Compensation Attorney

Light duty can be a good way for an injured employee to get back in the proverbial saddle – but not all light duty offers are created equal. A Maitland workers’ compensation attorney from the Hornsby Law Group will help you assert your rights, and to protect the benefits you have earned. Contact our office today to schedule a consultation.

Source:

flsenate.gov/laws/statutes/2021/440.15