Virginia Right to Refuse Light Duty
In Virginia, when an employee is injured on the job, the employer might sometimes offer what is known as “light duty” work. Light duty refers to tasks that are less physically or mentally demanding than an employee’s regular duties to accommodate the employee’s recovery process. Such work may be recommended by the treating physician and aims to facilitate a transition back into regular employment without putting undue strain on the recovery process.
Can You Refuse Light Duty?
It depends. Under Virginia Code § 65.2-502, workers’ compensation benefits may be suspended if an injured worker refuses suitable employment that is offered by the employer and approved by the treating physician. This means that if your treating physician approves and recommends light duty work and your employer offers a position that matches these recommendations, refusing such an offer could potentially lead to the suspension of your workers’ compensation benefits.
However, the key term here is “suitable employment.” This indicates that the offered light duty position must align with the limitations and restrictions prescribed by your treating physician. If the offered position exceeds these limitations, it may not be considered suitable, and you might have valid grounds to refuse it.
Determining Suitable Employment
When evaluating whether light duty work is suitable, it is crucial to consider the restrictions and recommendations set forth by your healthcare provider. For example, if your physician indicates that you should not stand for more than two hours a day and your employer’s light duty position requires you to stand for four hours, this may not be considered suitable under Virginia law.
Employers are obligated to provide work that accurately reflects the physician’s restrictions. If an employee feels that the offered light duty job does not align with these restrictions, it can be beneficial to seek clarification from the medical provider. Documentation from the medical provider is critical in substantiating your claim of unsuitability if you choose to refuse the position.
How We Can Help
Refusing an offer of light duty work carries significant consequences because you might lose your benefits. That is where we can step in and help you. As a workers comp attorney, we can help assess the suitability of the offered position, communicate with your medical provider, and, if necessary, represent your interests in Virginia Workers’ Compensation Commission proceedings.
Furthermore, if your benefits are threatened due to refusal of light duty work, we can assist in presenting a strong case to ensure your rights are protected. While accepting light duty positions that adhere to medical restrictions can facilitate recovery and continuation of benefits, we can ensure your rights are requested and you are not rushed back to work. Contact us today for a free consultation.