Understanding Light Duty Work Assignments in Alabama Workers’ Comp Cases

The phone rings. It is your supervisor, checking in after your on-the-job injury. They tell you the doctor has released you to come back to work, but with some restrictions. They have a “light duty” position available for you. For many injured workers, this conversation brings a mix of relief and anxiety. While the thought of earning a regular paycheck again is welcome, the reality of returning to the workplace while still recovering can be daunting. What does this offer really mean? What are your obligations, and what are your rights?

Navigating a light-duty work offer is a pivotal moment in an Alabama workers’ compensation case. How you respond can directly affect your right to ongoing wage replacement benefits and the overall trajectory of your claim.

What Exactly Is a “Light Duty” Job Offer in Alabama?

A light duty, or restricted duty, assignment is a temporary job your employer offers you after a work-related injury. This position is modified to fit within the specific physical limitations set by your authorized treating physician. The goal is to keep you engaged in the workforce and earning a wage while you continue to heal, rather than having you sit at home receiving disability benefits.

A light duty job can take many forms, including:

• Your original job with modifications: For example, a warehouse worker with a back injury might be prohibited from lifting items over 10 pounds.
• A completely different, less strenuous job: A roofer who cannot work at heights might be assigned to office work or supervising a tool crib on the ground.
• Reduced hours: You may be cleared to perform your regular duties but only for four hours a day instead of eight.

The key element is that the assignment must not violate the work restrictions prescribed by your doctor. It is a tool used by employers and their insurance carriers to manage the cost of a workers’ compensation claim by reducing the amount they must pay in disability benefits.

Who Determines My Work Restrictions?

Your work restrictions are determined solely by the authorized treating physician managing your care under the workers’ compensation claim. Your employer cannot create or alter these restrictions. The doctor, after examining you, will outline your specific physical limitations in a medical report, often on a form that is sent to the employer and their insurance carrier.

These restrictions must be specific and clear. Vague limitations are often problematic. For example, a doctor might state that a patient:

• Should have “no lifting over 15 pounds.”
• Must have “no repetitive bending or stooping.”
• Is limited to “sedentary work only.”
• Can “stand/walk for no more than 2 hours in an 8-hour shift.”

These medical directives are the foundation of any valid light duty offer. An offer that ignores these restrictions is not a suitable offer of employment.

Does My Employer Have to Offer Me Light Duty Work?

No. In Alabama, an employer is not legally required to create a light duty position or offer you one if none is available that fits your restrictions. Many smaller companies simply do not have alternative work that an injured employee can perform.

If your employer cannot accommodate your doctor-ordered restrictions, you should continue to receive Temporary Total Disability (TTD) benefits. These benefits are calculated as two-thirds of your average weekly wage, paid while you remain unable to return to your regular job. It is the employer’s choice whether to accommodate restrictions; if they choose not to, they cannot stop your benefits.

What Happens to My Workers’ Comp Benefits if I Accept a Light Duty Position?

When you accept a light duty assignment, the type of wage replacement benefit you are eligible for changes.

• From TTD to TPD: While you were completely out of work, you were likely receiving Temporary Total Disability (TTD) benefits. Once you return to work in any capacity, TTD benefits stop. If your light duty job pays you less than you were earning before your injury, you become eligible for Temporary Partial Disability (TPD) benefits.
• No Wage Loss, No TPD: If the light duty position pays you the same or more than your pre-injury average weekly wage, you will not be eligible for any TPD payments. Your medical benefits, however, should continue for as long as you require treatment for your injury.

This transition from TTD to TPD is a main reason employers are motivated to offer restricted duty work.

What if the Light Duty Job Pays Less Than My Original Job?

This is a very common scenario. If your light duty earnings are less than your average weekly wage at the time of the injury, you are entitled to Temporary Partial Disability (TPD) benefits.

Under Alabama law, TPD benefits are calculated as two-thirds (66.67%) of the difference between your pre-injury average weekly wage and your current light duty earnings.

For example:

• Your pre-injury Average Weekly Wage (AWW) was $900.
• Your employer offers you a light duty job paying $500 per week.
• The difference is $400 ($900 – $500).
• Your TPD benefit would be two-thirds of that difference: $400 x 0.6667 = $266.68 per week.

You would then receive your $500 weekly paycheck from your employer plus a $266.68 TPD check from the workers’ compensation insurance carrier, for a total weekly income of $766.68.

Can I Refuse a Light Duty Work Offer?

This is perhaps the most important question for an injured worker, and the answer requires great caution. If you refuse a suitable offer of light duty employment that complies with your doctor’s restrictions, the insurance company can petition the court to terminate your temporary disability benefits.

An “unjustified refusal” to accept suitable work can be devastating to your claim. The insurance carrier will argue that they provided an opportunity for you to earn a wage, and by turning it down, you have forfeited your right to receive wage replacement benefits.

However, you are not obligated to accept an unsuitable offer. The key is whether your refusal is justified.

What Constitutes a “Suitable” Light Duty Offer?

A suitable offer is one that is reasonable and genuinely within your capacity to perform. An offer may be considered unsuitable, giving you grounds to refuse it, if:

• It Violates Medical Restrictions: The job requires you to perform tasks that your doctor has specifically forbidden. For example, your restriction is “no lifting over 10 pounds,” but the job requires you to lift 20-pound boxes.
• It Is at an Unreasonable Location: If your regular worksite was in Mobile but the light duty offer is in Montgomery, the commute would likely be considered unreasonable.
• The Hours Are Drastically Different: If you were a day-shift employee hired to work from 8 a.m. to 5 p.m. and the light duty offer is for the overnight shift, this could be deemed unsuitable, especially if it creates childcare or transportation hardships.
• The Environment Is Harmful: The position places you in an environment that could aggravate your injury, such as a dusty area for someone with a respiratory condition.

If you believe an offer is unsuitable, it is vital to communicate your reasons in writing to your employer and immediately contact a workers’ compensation attorney. Simply not showing up for work is not the correct course of action and will likely lead to the suspension of your benefits.

What Should I Do if the Light Duty Work Exceeds My Medical Restrictions?

You have accepted a position and started working, but you quickly realize the tasks are aggravating your injury and go beyond your doctor’s orders. This is a common and dangerous situation.

Do not just quit or walk off the job. Take the following steps to protect your health and your claim:

• Notify Your Supervisor Immediately: Calmly and professionally inform your direct supervisor, in writing if possible (an email or text message creates a record), that specific tasks are outside your restrictions and are causing you pain.
• Contact Your Doctor: Call the authorized treating physician’s office and explain the situation. The doctor may need to speak with the employer or issue a more detailed work status slip to clarify your limitations.
• Document Everything: Keep a personal log of the dates, times, and specific tasks you were asked to perform that violated your restrictions. Note who you spoke with and what was said.
• Consult with an Attorney: An experienced workers’ compensation attorney can intervene on your behalf. They can communicate directly with the insurance adjuster and your employer’s legal counsel to address the non-compliant work assignment and ensure you are not being forced to risk further injury.

What if My Employer Cannot Accommodate My Restrictions?

As mentioned earlier, an employer is not obligated to offer light duty work. If your doctor places you on restrictions and your employer informs you that they have no work available that fits within those limitations, your status effectively remains “unable to work.”

In this case, you should continue to receive your Temporary Total Disability (TTD) benefits until one of the following occurs:

• The doctor lifts your restrictions, clearing your return to full duty.
• The doctor modifies your restrictions, and your employer can now accommodate them.
• You reach Maximum Medical Improvement (MMI).

How Long Does a Light Duty Assignment Last?

A light duty assignment is temporary. It is designed to bridge the gap during your recovery. Typically, the assignment lasts until your authorized treating physician determines that you have reached Maximum Medical Improvement (MMI). MMI is the point at which your condition is not expected to improve any further with medical treatment.

Once you reach MMI, one of three things will happen:

• Return to Full Duty: The doctor releases you with no permanent restrictions, and you can return to your original job.
• Permanent Restrictions: The doctor assigns permanent restrictions. At this point, your employer must decide if they can offer you a permanent position that accommodates these new, long-term limitations.
• Inability to Return: Your permanent restrictions may be so significant that you cannot return to your old job, and your employer may not have a permanent position for you. This triggers a different phase of the workers’ compensation claim focused on permanent disability benefits.

Common Problems with Light Duty Assignments

While the system is designed to be beneficial, injured workers often encounter problems with restricted duty work. Be aware of these common issues:

• Pressure from Supervisors: A boss may not fully appreciate the nature of your injury and push you to “just try” to perform tasks outside your limitations.
• Gradual Increase in Duties: Your employer might slowly add tasks to your plate until you are essentially doing your old job again, despite still being under medical restrictions.
• Harassment or Resentment: Co-workers may not have a clear picture of your situation and may resent that you are performing “easier” work, leading to a hostile environment.
• Termination While on Light Duty: While you cannot be fired solely for filing a workers’ compensation claim, you can still be terminated for other legitimate reasons (like violating company policy or layoffs). Some employers may look for a reason to let an injured worker go to avoid accommodating them long-term.

The Role of Maximum Medical Improvement (MMI)

Reaching MMI is the turning point that often ends a light duty assignment. At MMI, your doctor will evaluate you for any permanent impairment. They will assign a permanent impairment rating, which is a percentage that reflects the level of permanent damage your body has sustained.

This rating is used to calculate any Permanent Partial Disability (PPD) benefits you may be owed. If your permanent restrictions prevent you from returning to your job and earning a similar wage, you may also have a claim for vocational disability, which can provide additional compensation. The transition from a temporary light duty status to a determination of permanent disability is one of the most legally complex aspects of a workers’ compensation claim.

Facing a Complicated Light Duty Offer? Speak with Thiry & Caddell, LLP Today

An offer to return to light duty work can feel like a positive step, but it is also a phase of your workers’ compensation claim that is filled with potential pitfalls. Missteps can lead to a loss of benefits and can even put your health at risk. The legal team at Thiry & Caddell, LLP is dedicated to fighting for Alabama workers who have been harmed on the job. We have the knowledge and determination to analyze your light duty offer, communicate with your doctor and the insurance company, and protect your rights at every turn. We will handle the legal fight so you can focus on what matters most: your health and your family.

If you have been offered a light duty position or are having problems with a current assignment, contact us today at (251) 336-3627 for a consultation. Let us help you explore all available options for securing the benefits and stability you deserve.