After you get hurt at work, you may wonder if you have to accept an offer of light-duty work. Many people fear that, if they turn down the offer, they could hurt their right to benefits or face some other issue. The law provides important guidance on how you can proceed. Your attorney will advise you on your options and what you can do to protect your rights after an injury.
The Wisconsin workers’ compensation lawyers at Axis Legal, LLC are ready to help you. You are not alone, and you have legal rights.
What Is Light-Duty Work?
Light-duty work is any modified or alternative job that accommodates your medical restrictions after a work-related injury. It may involve:
- Reduced lifting requirements
- Limited standing, walking, or repetitive motion
- Shorter shifts or modified schedules
- Temporary clerical or administrative tasks
- Adjusted production expectations
The goal is to help you return to work safely while you continue to heal.
Do You Have to Accept Light-Duty Work in Wisconsin?
In many cases, yes. If the light-duty job is within your doctor-approved restrictions, Wisconsin law expects you to attempt it. However, you are not required to accept work that exceeds your medical limitations or puts your health at risk.
When You Must Accept Light-Duty Work
You are generally required to accept a light-duty assignment when:
- Your treating physician has released you to light-duty
- The job fits all of your documented restrictions
- The employer provides a legitimate, safe assignment
- The work is reasonably similar in nature or pay to your regular job
If you refuse suitable light-duty work, your employer or insurer may suspend your Temporary Total Disability (TTD) benefits.
When You Can Decline Light-Duty Work
You may decline a light-duty assignment if:
- The job exceeds your medical restrictions
- The employer pressures you to perform tasks your doctor has not approved
- The assignment is unsafe or aggravates your injury
- The employer cannot clearly explain the job duties
- Your doctor disagrees with the employer’s description of the work
The Role of Your Treating Physician
Your doctor’s written restrictions are the foundation of any light-duty decision. Wisconsin law gives significant weight to the treating physician’s opinion, not the employer’s assumptions about what you can do.
To protect yourself:
- Request written restrictions after every appointment
- Compare the employer’s job offer to your restrictions
- Ask your doctor to review any job description you receive
- Notify your employer and insurer immediately if your restrictions change
If your employer claims the job is “within restrictions” but your doctor disagrees, the doctor’s opinion typically controls.
What Happens to Your Benefits If You Accept Light-Duty Work?
If you return to light-duty work and earn less than your pre-injury wages, you may be eligible for Temporary Partial Disability (TPD) benefits. These benefits help make up the difference between your reduced earnings and your average weekly wage before the injury.
If you earn the same or more than before, wage-replacement benefits may stop, but your medical treatment continues.
What Happens If You Refuse Light-Duty Work?
Refusing light-duty work can have serious consequences, but only if the job is truly suitable.
If the job is within your restrictions, your employer or insurer may suspend your TTD benefits until you attempt the assignment. If the job is not within your restrictions, your benefits should continue, and you may have grounds to challenge the employer’s actions.
Some employers offer “light-duty” that is unrealistic, punitive, or designed to push you out. Examples include:
- Assigning tasks that clearly violate restrictions
- Creating a job that does not actually exist
- Setting you up for failure to justify termination
- Claiming you refused work when no legitimate offer was made
Document everything and consult an attorney if you suspect this is happening.
Understand Light-Duty Work in Wisconsin
Light-duty work is often the first step in getting back to normal. However, you need to make sure it fits with the doctor’s recommendations and you protect your rights along the way. You shouldn’t be forced to accept an offer that hurts you or messes with your workers’ comp benefits. The right attorney can help you sort through it all.
Worn down at work? Let the experienced Wisconsin workers’ compensation lawyers at Axis Legal, LLC review your case. Contact us today for a free, no-risk evaluation.