Light-duty work refers to job assignments that accommodate medical restrictions following a workplace injury. These assignments involve modified tasks, reduced hours, or different job functions. They allow injured workers to return to employment while continuing their recovery. The New York Workers’ Compensation Board recognizes light-duty work as an important part of the return-to-work process.
Medical providers determine light-duty restrictions based on your injury’s nature and severity. Common restrictions include sedentary work (sitting most of the day with limited standing), lifting limitations (no lifting over a certain weight), one-handed work, or positions requiring frequent breaks. Your employer must respect these medical restrictions when offering light-duty assignments. Understanding your workers’ compensation rights is essential during this period.
How Light-Duty Work Impacts Your Wage Benefits
When you accept light-duty work that pays less than your pre-injury wages, you become eligible for Temporary Partial Disability (TPD) benefits. New York’s workers’ compensation system provides wage replacement. This bridges the gap between your reduced earnings and your pre-injury income.
The calculation follows a specific formula: you receive two-thirds of the difference between your average weekly wage before the injury and your current reduced earnings. For example, if you earned $600 per week before your injury and now earn $400 per week on light-duty work, you would receive two-thirds of the $200 difference. This equals approximately $133 per week in TPD benefits. The New York Department of Labor provides detailed guidance on these calculations.
This wage replacement continues as long as you remain on light-duty work. It also continues while your earnings remain below your pre-injury level. The system ensures you maintain financial stability during your recovery period.
Are You Required to Accept Light-Duty Work?
New York law generally requires injured workers to accept reasonable light-duty work offers from their employers. Refusing a suitable light-duty assignment can result in suspension of your workers’ compensation benefits. However, the work must be genuinely suitable. This means it falls within your medical restrictions and is reasonably related to your job skills or experience.
You have the right to refuse light-duty work if the assignment violates your medical restrictions. You can also refuse if it requires skills you do not possess. Additionally, you may refuse if it is substantially different from your pre-injury job. If your employer offers work that exceeds your medical limitations or is unrelated to your background, you may have grounds to refuse without losing benefits. Learn more about what does workers’ compensation cover to understand your protections.
Light-Duty Work and Your Medical Treatment
Your right to medical treatment continues while you perform light-duty work. You maintain access to all necessary medical care related to your workplace injury. This includes doctor visits, physical therapy, and prescribed medications. Your employer cannot condition light-duty work on abandoning medical treatment. Understanding your workers’ compensation rights includes knowing you can choose your own doctor in many cases.
If you experience new symptoms or complications while performing light-duty work, report these immediately. Tell your healthcare provider and your employer right away. These developments may indicate that the light-duty assignment is inappropriate. They may also show that your condition requires reassessment. Proper documentation of any complications protects your benefits. It ensures your medical care remains appropriate. You should also know about how to report an injury at work to ensure proper documentation.
When Light-Duty Work Becomes Permanent
As your recovery progresses, your condition may reach Maximum Medical Improvement (MMI). This is the point at which further medical treatment is unlikely to produce significant improvement. At this stage, your case transitions from temporary benefits to permanent disability evaluation. Learn more about understanding Maximum Medical Improvement in NY workers’ compensation.
If you have been performing light-duty work and your condition stabilizes, you may receive a permanent partial disability (PPD) rating. This rating reflects the permanent impact of your injury on your earning capacity. Your history of light-duty work performance and earnings becomes relevant to determining your PPD benefits. It also affects any vocational rehabilitation services you may need. Understanding how an IME affects your workers’ comp claim in New York can help you prepare for this evaluation.
Common Disputes Over Light-Duty Assignments
Disputes frequently arise when employers offer work that exceeds medical restrictions. They also occur when there are calculation errors in wage benefits. Additionally, disputes happen when employers assign work unrelated to the injured worker’s skills. An employer might offer sedentary work to someone with a hand injury. Or they might assign tasks requiring skills the worker does not possess.
Wage calculation disputes occur when employers or insurance carriers miscalculate your average weekly wage. They may also miscalculate your TPD benefit amount. Unrelated work assignments—such as offering warehouse work to an office worker—may be refused without penalty. This applies if they fall outside your job classification or experience. Learn about how to determine lost future income to understand your compensation options.
Protecting Your Workers’ Compensation Rights
Maintain detailed records of all light-duty work assignments. Include job duties, hours worked, and wages earned. Keep copies of your medical restrictions. Also keep any communications with your employer about work limitations. These documents become critical if disputes arise over benefit calculations. They also matter if questions arise about the suitability of assignments. Review our client testimonials to see how we’ve helped injured workers protect their rights.
Contact a workers’ compensation attorney if your employer pressures you to perform work beyond your restrictions. Also, contact an attorney if your benefits are suspended without explanation. Additionally, reach out if wage calculations appear incorrect. Red flags include offers of work that clearly violate your medical restrictions. Sudden benefit reductions without notice are also concerning. Employer retaliation for reporting injuries or requesting accommodations is another red flag. Learn about top ways to document pain and suffering to strengthen your case.
Frequently Asked Questions About Light-Duty Work in New York
What counts as light-duty work in New York?
Light-duty work includes any job assignment that falls within your medical restrictions. Examples range from administrative tasks for someone with a back injury to modified assembly line work with reduced standing time. The key factor is that the work must be medically appropriate for your condition and within your physical capabilities. Other common restrictions include shoulder and knee injuries that require modified duties.
How is my wage calculated on light-duty work?
Your average weekly wage is calculated based on your earnings during the 52 weeks before your injury. Alternatively, your annual earnings divided by 52 provides this figure. This becomes the baseline for calculating your TPD benefits. Your current light-duty earnings are subtracted from this baseline. Two-thirds of the difference becomes your weekly benefit amount. For detailed guidance on how workers’ compensation payments are calculated, consult with a workers’ compensation professional. You can also learn about collecting unemployment and workers’ compensation in NY to understand all your benefit options.
What happens if I refuse light-duty work?
Refusing a reasonable light-duty work offer can result in your workers’ compensation benefits being suspended or terminated. However, if the offered work is unsuitable, you may refuse without penalty. Unsuitable work either violates your medical restrictions or is unrelated to your job. The key is documenting why the work is unsuitable. Communicate this clearly to your employer and insurance carrier. Learn more about what to do if you lose workers’ comp benefits. If your employer didn’t report your injury, you may have additional protections. See what to do if your employer didn’t report your injury.
Can I continue medical treatment while on light-duty work?
Yes. Workers’ compensation law in New York guarantees your right to ongoing medical treatment for your work-related injury. This applies regardless of whether you are on light-duty work, full-duty work, or temporary total disability. Your medical benefits remain separate from your wage benefits. They continue throughout your recovery. For more information about health insurance while on workers’ comp, contact Fusco, Brandenstein & Rada, P.C..
Does light-duty work affect my permanent disability claim?
Yes. Your ability to perform light-duty work influences your permanent disability rating. Your earnings history during that period also matters. If you successfully perform light-duty work at reasonable earnings, this may affect the permanency rating. However, if light-duty work remains necessary due to permanent restrictions, this supports a higher disability rating. For information about benefits after reaching maximum medical improvement, consult with our team. You should also understand what are permanent disability advances to know all your options.
What should I do if my employer offers unsuitable light-duty work?
Document the offer in writing. Include the job description, physical requirements, and wage. Compare these to your medical restrictions and job background. If the work exceeds your restrictions or is unrelated to your position, communicate your concerns to your employer and insurance carrier in writing. Consult with a workers’ compensation attorney if the dispute continues. Our experienced workers’ compensation attorneys can review your case and protect your rights.
When should I contact a workers’ compensation lawyer?
Consult an attorney immediately if your benefits are suspended. Also consult if you receive a wage calculation you believe is incorrect. Additionally, reach out if your employer offers unsuitable work. Finally, contact an attorney if you experience retaliation. Early legal intervention protects your rights. It ensures your benefits continue appropriately. Fusco, Brandenstein & Rada, P.C. serves injured workers throughout New York. Our team includes experienced attorneys who understand the complexities of workers’ compensation law.
Contact Fusco, Brandenstein & Rada, P.C. Today For Help
Light-duty work allows you to maintain employment and income while your condition improves. Understanding how light-duty assignments affect your benefits protects your financial security during recovery. Pay particular attention to the wage calculation formula and your rights regarding suitable work.
New York’s workers’ compensation system provides clear protections for injured workers. You have the right to refuse unsuitable work. You also have the guarantee of continued medical treatment. If questions arise about your light-duty assignment or benefit calculations, seeking guidance from a workers’ compensation professional ensures your rights remain protected.
Fusco, Brandenstein & Rada, P.C. represents injured workers throughout New York in workers’ compensation matters. If you have questions about how light-duty work affects your benefits, contact us at 516-496-0400 for a free consultation.
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