What Can and Can’t I Do While on Work Comp Light Duty Restrictions?

Not all employers have modified positions for employees injured on the job in Minnesota but some do provide a temporary alternative work option while workers have restrictions. This is referred to as “light duty”. While working light duty some injured workers may still receive temporary partial disability benefits (TPD). Other workers may not be entitled to any temporary partial disability benefits at all because while he or she may be working a modified position the pay and the hours are still the same as the injured workers’ pre-injury wage.

Clients often call Meuser Law Office, P.A. and ask what activities they can and cannot do while on light duty restrictions. Whether it be at work or outside of work, the rule is whatever your doctor tells you. It’s very important in the Minnesota workers’ compensation system to obtain written restrictions from your doctor each time you treat with a physician. These restrictions help document what duties you can and cannot do. If your employer tries to encourage you to work outside of your restrictions, you are then able to point to the written restrictions.

You may have a Qualified Rehabilitation Consultant or “QRC” you are working with in your work comp claim who can help to ensure that your light duty position is in fact within your restrictions. The QRC can perform a job site analysis to check that the job duties are within your restrictions. If you do not have a QRC you should contact an attorney right away to help get one appointed to your case. There are time limits in which you can choose your own, which can impact your Minnesota workers’ compensation claim.

Sometimes employers try to play games with light duty. They may create temporary positions that they know the injured worker will hate in an effort to get him or her to quit and turn down light duty work. This kind of action has severe negative consequences in the work comp system. Other times an employer will say they have light duty work and tell the employee to follow his or her restrictions but then give work outside the restrictions and blame the injured worker for not following the restrictions and later argue that he or she does not actually have restrictions if he or she can do all the job duties. Also, if you are a first responder accepting a light duty position can impact your PERA benefits as well as your workers' compensation benefits. It is extremely important you have an experienced attorney working on your behalf to ensure you receive all the benefits you are entitled.

Injured workers often ask what activities they can perform or take part in outside of work.  We typically receive questions such as:

o Can I mow the lawn?
o Can I shovel snow?
o Can I lift my groceries?
o Can I garden?
o Can I work on my car?

If your restrictions from your doctor say no lifting more than 10 pounds—then no lifting more than 10 pounds at or outside of work. If you could mow the lawn at work, then you can mow the lawn at home. If could you shovel snow at work, then you can shovel snow at home.

First of all, doing activities outside your restrictions at home could prolong your recovery and make your injury worse. Second, the insurance company may also hire a private investigator to conduct surveillance and video record you. If you are recorded doing activities outside of your restrictions that may be presented as evidence against you in a workers’ compensation hearing in front of a judge. Therefore, it’s important that you follow your restrictions both at work and at home.

Don’t wait to get an attorney involved if you have been injured on the job or in the line of duty. The Minnesota workers’ compensation claim process can be complex and you want to be sure you receive the full benefits you are entitled. Contact the experienced attorneys at Meuser Law Office, P.A. today for a free no-obligation consultation. We can answer any case specific questions about light duty jobs, make sure you have a QRC who has your best interest in mind, and assist you with any other questions you may have. At Meuser Law Office, P.A. we keep our clients informed of the process as well as what to expect each step of the way. Call us today at 1-877-746-5680.

by Mary Beth
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