When you suffer a workplace injury, you may not be able to return to your previous job duties right away. In such cases, light duty work may be offered by your employer. This can allow you to return to work in a limited capacity while you continue your medical treatment. If you were presented with a light duty job offer, it is important to understand when this type of offer is valid and how it can impact your Workers’ Compensation Claim.

Key Takeaways

• A light duty job offer may be made by your employer after a workplace injury. It does not need to match your previous duties, but you must still be offered meaningful work.
• There are specific criteria that must be met in order for a light duty job offer to be valid, including obtaining your doctor’s approval of the job.
• While you can decline a light duty job offer, you risk losing your time loss benefits, unless you can show that the offer was invalid.

What Constitutes a Light Duty Job Offer?

If your medical restrictions prevent you from returning to your usual job duties after a workplace injury, your employer may offer you light duty work. Also referred to as “transitional work,” this is temporary work that does not need to be directly related to your duties at the time the accident occurred. However, your employer is still required to provide you with a “meaningful and respectful work environment.” You may be offered shorter hours, part-time work, or different duties with fewer physical demands. An employer may also adjust your worksite or provide you with the tools you need to meet your physical limitations.

Some light duty work examples include:

• Office or clerical work
• Inventory management
• Maintenance and inspection work
• Safety or training roles
• Security monitoring
• Data entry

An employer may even offer a light duty job in your home as long as it has some relationship to your employment and enhances your skills. For instance, your employer may assign you to study for a specific certification related to your job.

When is a Light Duty Job Offer Valid?

Employers often offer light duty work after an on-the-job injury in order to save costs. Rather than pay wage replacement and long-term time loss, an employer can reduce the overall cost of a claim by bringing a worker back in a limited capacity. The rate of pay for a light duty job is set by the employer, but must meet the minimum wage.

Notably, there are certain requirements employers must adhere to in order for a light duty job offer to be valid. A light duty job offer must meet the following criteria:

• A written job description must be provided to your attending doctor: A job description outlining the work you are expected to perform must be provided to your doctor.
• The job description must provide sufficient details: The light duty job description must include sufficient information for your doctor in order for them to evaluate your ability to perform the work that is offered. The written information should include the job duties, number of hours per day, the graduated schedule of work hours and work duties, the job site, and a reasonable start date.
• The job must be approved by your medical provider: Your doctor must approve the job in writing and confirm you are physically able to perform the work described.
• You must be provided with a copy of the job description: You must receive a copy of the job description provided by your employer to your doctor regarding the work you are expected to perform.

If you had entered into a collective bargaining agreement, your employer must take this into consideration when offering light duty work. In addition, any health benefits you were receiving at the time the injury occurred must be continued. You are entitled to medical treatment for your condition through L&I Workers’ Compensation until you have reached maximum medical improvement.

Can You Decline a Light Duty Job Offer?

You can decline a light duty job offer, but there may be repercussions for your L& I Workers’ Compensation claim. Unless you can show that your employer’s job offer was invalid, you may lose your time loss compensation benefits. However, these benefits would be protected if you can establish that the job offer was invalid.

In the event you return to work on light duty at a lower rate of pay, you might still be entitled to wage replacement benefits, but the calculation may change. If the light duty position pays less than your pre-injury wage, you might be eligible to receive Loss of Earning Power benefits to make up a portion of the difference.

You can file a dispute with Washington State Labor & Industries to protect your Workers’ Compensation benefits if you believe the light duty job offer was not valid. A Washington Workers’ Compensation adjudicator would determine whether the job offer was valid by evaluating whether the requirements for making a valid job offer were met, along with a variety of other factors.

Contact an Experienced Washington L&I Workers’ Compensation Attorney

If you were injured at work and offered a light duty job position, it is essential to consult with an experienced Workers’ Compensation attorney who can help ensure your rights are protected. The Bellingham Workers’ Compensation attorneys at Robinson & Kole provide high-quality legal services and reliable representation to injured workers throughout Washington State for a wide range of Workers’ Compensation matters.