You may not be able to do your regular job, but that does not mean you cannot work at all. Your employer may offer you light-duty work or transitional work duties while your L&I claim remains open. Returning to light duty work does not automatically close your workers’ compensation claim. What to look out for is whether the proposed work falls within the restrictions established by your attending medical provider.

Key Takeaways

• Returning to light duty work does not automatically close your L&I claim.
• An employer is not required to offer light duty work.
• An employee’s attending medical provider must approve the offered work.
• The employer cannot change the light duty work without approval.
• An employee's wage-loss benefits may change after starting light-duty work.

What Is Light-Duty Work Under Washington L&I?

After a workplace injury, an employee may be incapable of performing their normal job duties. In response, the employer may offer alternative light-duty work. This can include:

• Reduced or shorter hours
• Performing only some regular duties
• Gradually increasing duties
• Performing different duties with fewer physical demands
• Modifying the job or worksite with equipment or other changes
• Creating a temporary job within the worker's restrictions

The work does not have to be identical to the employee's pre-injury position. It does not even need to be directly related to the work the employee performed before the injury.

Does My Employer Have to Get My Doctor's Approval?

Even though the employer can propose light-duty work, there are restrictions on this. The medical provider for the employee must determine whether the employee can perform the proposed work. To do this, the employer must provide the provider and employee with a description of the available work. The provider will compare the described work duties with the worker’s restrictions. Under RCW 51.32.090, temporary total disability payments continue until the attending provider releases the worker for the offered work and the worker begins that work.

Under RCW 51.32.090, once a worker returns under the light-duty arrangement, the employer cannot then unilaterally change the employee’s duties to work outside of the approved restrictions. If the employer wants to change the light-duty work, it must obtain review and approval from the attending provider.

Can I Refuse Light Duty?

Sometimes, injured workers would rather refuse the light duty work offered to them. A worker is not required to accept work that exceeds the restrictions imposed by their healthcare provider. If their employer proposes work outside of their restrictions and does not obtain medical provider approval, the offer of light duty work may not be valid. The situation is different when the light duty work offered is approved by the provider, and the employee refuses it. In this situation, the employee may no longer be eligible for time-loss compensation.

What Happens to My L&I Benefits If I Return to Light Duty?

Injured employees often worry about their L&I benefits when they return to light-duty work. It is important to understand that returning to work does not by itself mean the worker's accepted injury stops being treated. Injured workers can continue treatment for accepted industrial conditions while working light duty until they reach maximum medical improvement.

Time-loss benefits may change. However, workers should not assume that performing light duty work means they will automatically lose their wage-related benefits. Loss of Earning Power may be available which pays some of the difference between the worker’s rate of pay at time of injury and what is being paid while working light duty. This often happens when returning to work at a lower wage, with fewer hours, no overtime, or in a lower-paying position.

What Should I Do If I Think the Light-Duty Job Violates My Restrictions?

If your employer extends a light-duty offer, first review the written offer. Compare the offer extended with your current medical restrictions. Pay attention to the specific duties, hours, and physical requirements. You can find your restrictions on the Activity Prescription Form. Speak with your medical provider about the proposed work.

If there is a dispute about the proposed work and your ability to perform it, contact Washington’s Light Duty Job Offer Complaint Resolution Office. L&I can make the final determination to resolve the dispute. It is helpful to speak with a workers’ compensation attorney. A lawyer can advise you of your legal rights and advocate on your behalf.

A Light-Duty Offer Does Not Automatically Close Your L&I Claim

A light-duty offer does not mean your L&I claim is over. Returning to a lower-paying or reduced-hours position does not necessarily eliminate your ability to receive wage-related benefits. Your attending provider must determine whether you can perform the offered work.

If your employer has offered light duty, changed your duties, or disputed your ability to perform the work, Robinson & Kole can evaluate your claim and help you understand your rights under Washington workers' compensation law. Contact our office today to schedule a consultation to discuss your workers' compensation claim or by calling 360-671-8112. Se habla Español.