Workers Comp Light Duty California

Many employers will try to minimize an employee s wage loss by offering a light duty position during this time. Under california workers comp law if employers offer injured employees modified or alternative work that accommodates their physical limitations the employees may lose their right to supplemental job displacement benefits. The most common meaning of light duty refers to work that is physically or mentally less demanding than normal job duties on a temporary or permanent basis.

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How Modified Duty Works For Employers

If an employee on fmla refuses light duty work though the refusal may result in a loss of workers compensation benefits.

Workers comp light duty california.

Light or modified duty is a temporary adjusted work assignment given to a worker injured on the job in order to accommodate his or her physical limitations while recovering from the injury. Reporting the injury or illness provide the injured employee with the workers compensation claim form dwc 1 notice of potential eligibility e3301 within one working day of knowledge of the injury or. If the employee is partially disabled that is able to work light duty or for limited hours temporary partial disability tpd compensation is paid to help make up the difference between light duty wages and the employee s pre injury wage ind. Light duties defined under workers comp law when used in regard to workers compensation law the term light duty has many meanings.

This reduces the amount of workers comp benefits paid to the employee and can ultimately lower the employer s insurance premium costs. Both the fmla and workers compensation laws offer protection to workers that might differ dramatically when an offer of reemployment with light duty work restrictions is made to an injured worker. However if an employee has a disability under the americans with disabilities act ada and requests to return to work in a light duty capacity as an accommodation the employer may need to consider such a request. A description of the employee s normal duties or of alternate light duty work that may be available may help the doctor make a decision.

No tpd is paid if light duty wages exceed the statutory maximum average weekly. The fmla allows a worker to refuse an offer of reemployment without loss of family leave rights but the refusal of light duty work could. A light duty position is one that accommodates the employee s work restrictions. In workers compensation cases employees are expected to remain on the job if it is determined they can safely perform the modified duty.