Do I Have to Accept a Light Duty Job Under Virginia Workers’ Compensation?

If you have been injured on the job in Virginia and your employer offers you a light duty position, you may be wondering whether you are legally required to accept it. This is one of the most common questions I hear from injured workers across Roanoke and throughout Virginia, and the answer is not as straightforward as many employers would have you believe.

As a Virginia workers’ compensation attorney, I want to help you understand your rights when it comes to workers’ compensation light duty in Virginia, so you can make informed decisions about your claim and your health.

What Is Light Duty Work in Virginia Workers’ Compensation?

Light duty work, sometimes called “selective employment” under Virginia law, refers to a modified job assignment that is intended to accommodate your medical restrictions while you recover from a workplace injury. Under Virginia Code § 65.2-510, if an employer offers selective employment to an injured worker, it can affect the worker’s entitlement to temporary total disability benefits.

In theory, light duty work should be a genuine position that falls within the physical limitations set by your treating physician. In practice, however, some employers create made up light duty jobs that serve no real purpose other than to reduce or eliminate your workers’ compensation benefits.

Am I Required to Accept a Light Duty Job Offer?

Virginia law does not technically force you to accept a light duty position. However, if you refuse a bona fide offer of selective employment that is within your medical restrictions, you risk losing your temporary total disability (TTD) benefits. Under Virginia Code § 65.2-510, an employer or insurance carrier can petition the Virginia Workers’ Compensation Commission to suspend or reduce your wage loss benefits if you unjustifiably refuse selective employment.

This is a critical distinction. You have the right to refuse, but doing so without proper justification can have serious consequences for your benefits.

When Can You Legitimately Refuse Light Duty?

There are several situations where refusing a light duty assignment may be justified under Virginia workers’ compensation law:

• The job exceeds your medical restrictions. If your doctor has placed specific limitations on your activity and the offered position requires you to exceed those restrictions, you have every right to decline.
• The job is not a real position. If your employer has created a made up light duty job in Virginia workers’ compensation simply to cut off your benefits, this may not qualify as a legitimate offer of selective employment.
• You have not reached a point of medical stability. If your treating physician has not yet cleared you to return to any form of work, a premature light duty offer can be challenged.
• The position is retaliatory or humiliating. In some cases, employers offer light duty assignments that are clearly designed to pressure you into quitting rather than providing meaningful work.

What Happens If You Accept a Light Duty Job?

If you accept a light duty position and it pays less than your pre-injury average weekly wage, you may be entitled to temporary partial disability (TPD) benefits to make up a portion of the wage difference. Virginia calculates TPD benefits as two-thirds of the difference between your pre-injury wages and your light duty wages, subject to statutory caps.

However, if the light duty position pays the same as your pre-injury wage, your TTD benefits will likely be suspended because you are no longer experiencing a total loss of wages.

Red Flags to Watch For

Not every light duty offer is made in good faith. If you notice any of the following warning signs, you should consult with a workers’ compensation attorney before accepting:

• The job did not exist before your injury
• No one else has ever held the position
• The duties are vague or meaningless (such as sitting in a room watching training videos for weeks on end)
• The position does not match your skills or experience
• Your employer pressures you to accept immediately without giving you time to consult your doctor

These can be signs of a made up light duty job designed to cut off your workers’ comp benefits.

Protect Your Rights — Talk to a Virginia Workers’ Comp Lawyer

If your employer has offered you a light duty job and you are unsure whether to accept, do not make that decision without understanding your legal options. The wrong move could cost you your benefits. At Lugar Injury Law, I help injured workers in Roanoke and throughout Virginia protect their rights and fight back against unfair light duty assignments.

Contact Lugar Injury Law today for a free consultation to discuss your workers’ compensation claim and get the guidance you need.