Recovering from a job injury or illness happens gradually. At some point, your doctor may authorize you to return to work on light duty. This means that you can work, but with certain restrictions.
If you’ve been getting workers’ compensation in South Carolina, a return to light-duty work can have an impact on your ability to continue receiving benefits. An experienced workers’ comp lawyer from Stewart Law Offices can explain what changes to expect as you get back to work.
Learn more by calling or contacting us today for a free consultation.
What Is Light Duty for Workers’ Compensation?
Light duty means that an employee is cleared to return to work, but is subject to various conditions or limitations based on the nature of the injury or occupational disease.
When a worker is released to light duty, the employer is given the opportunity to offer the employee his or her former position or another available position that meets the criteria specified by the treating physician.
The employee must accept the work, assuming it is suitable, or forfeit his or her workers’ compensation benefits. Whether or not light duty is suitable varies from case to case.
If the employer cannot offer a worker a role that falls within those restrictions, the employee can continue receiving a weekly workers’ compensation check for two-thirds of their pre-injury average weekly wage.
Will I Still Receive Workers’ Comp Benefits After Being Released to Light Duty?
An employee may still be entitled to wage benefits after being released to light duty under one of two circumstances:
- The employer has no work available within the employee’s limitations, in which case the employee continues receiving full-wage benefits as Temporary Total Disability (TTD) payments.
- The employee returns to work on light duty but makes less than his or her pre-injury wages, either due to a reduction in the number of hours the employee works or due to the lower pay rate of the employee’s new position.
In the second scenario, the employee can continue to receive wage benefits equal to two-thirds of the difference between the employee’s pre-injury average weekly wage and the wages he or she earns on light duty.
For example, if you underwent a surgery and have been released to light duty with some restrictions, your employer may either provide appropriate light-duty work or allow you to continue receiving weekly checks for two-thirds of your previous pre-tax wages. If you return to light duty but earn less due to reduced hours (such as no overtime) or a lower hourly rate, you’re entitled to receive two-thirds of the difference between your pre-injury earnings and your current earnings.
Once your treating physician releases you to light-duty work and your employer provides suitable light-duty work, any temporary disability benefits you’re receiving may cease if the pay you receive on light duty is equal to or higher than your pay rate before your injury.
However, medical benefits will continue while you need treatment, regardless of whether you are working in a light-duty role.
Examples of Work Restrictions
Work restrictions after an injury or illness include limitations on:
- The number of hours the employee can work per day or week
- The amount of weight that can be lifted or moved by the employee
- How long the employee is required to walk, stand, or sit
- Whether he or she should be required to walk up stairs or other inclined surfaces
- The specific availability of meals, rest, and/or bathroom breaks
- Use of specific body parts (arms, legs, hands, back)
- Operating certain machinery or equipment
What If My Employer Has No Light-Duty Work Available?
If your employer cannot accommodate the physical restrictions your doctor prescribed, you are not required to return to work. In this situation, you will continue to receive Temporary Total Disability (TTD) benefits for two-thirds of your pre-injury average weekly wage.
TTD benefits begin on the 8th day following your injury and continue until you are released back to your regular job without restrictions. If you’re out of work for more than 14 days, you’ll also receive benefits to cover the first seven days you could not work.
Importantly, employers in South Carolina are not required by law to create light-duty positions for injured employees. If suitable light-duty work simply doesn’t exist within your workplace that meets your medical restrictions, your workers’ compensation benefits will continue uninterrupted.
Call a Proven S.C. Work Injury Lawyer at Stewart Law Offices
If you’re still in pain or believe that your treating physician’s opinion about your ability to perform light duties is incorrect, don’t give up your benefits without a fight. A South Carolina workers’ comp lawyer at Stewart Law Offices can help you request a hearing before the S.C. Workers’ Compensation Commission to reconsider your situation and whether you can safely and effectively perform your job.
Your health is always the priority at Stewart Law Offices. Schedule a free consultation with one of our skilled workers’ comp attorneys today.