How to Document a Made-Up Light Duty Job for Your Virginia Workers’ Compensation Claim

If you believe your employer has assigned you to a made up light duty job in your Virginia workers’ compensation case, the evidence you gather now could determine whether you keep or lose your benefits. Documenting the reality of your light duty assignment is one of the most important things you can do to protect your claim — and it is something that many injured workers overlook until it is too late.

As a workers’ compensation attorney in Roanoke, I have seen how strong documentation can make or break a case before the Virginia Workers’ Compensation Commission. Here is a practical guide to building the evidence you need.

Why Documentation Matters

When an employer offers selective employment under Virginia Code § 65.2-510, the question of whether the position is genuine or fabricated often comes down to the facts. The Virginia Workers’ Compensation Commission will look beyond the written job description and examine what the worker actually did on a daily basis.

Your employer has human resources departments, insurance adjusters, and defense attorneys building their case. Your best weapon is the truth — captured in detailed, contemporaneous documentation.

Step 1: Keep a Daily Work Log

From the moment you start a light duty assignment that seems questionable, begin keeping a written record of each workday. Your log should include:

• Date and time: When you arrived and when you left
• Tasks assigned: Exactly what you were told to do, and by whom
• Tasks actually performed: What you actually spent your time doing
• Idle time: How long you spent with nothing to do, and what you did during that time
• Interactions with coworkers: Whether anyone else does the same job, and whether anyone covers your duties when you are absent
• Physical demands: Note any tasks that approach or exceed your medical restrictions

Write your log entries the same day they occur. Notes made weeks or months after the fact carry less weight than entries made in real time.

Step 2: Save All Written Communications

Preserve every piece of written communication related to your light duty assignment. This includes:

• The written job description you received (or a note documenting that you never received one)
• Emails, text messages, or memos from supervisors about your duties, schedule, or performance
• Communications from the insurance adjuster about the light duty offer
• Any letters or forms related to your return to work

If important conversations happen verbally, follow up with an email summarizing what was discussed. For example: “Following up on our conversation today — you mentioned that my light duty assignment will involve filing paperwork in the back office. Please confirm that this is accurate.”

Step 3: Compare the Job Description to Reality

One of the strongest pieces of evidence in a made up light duty case is a clear gap between what the employer says the job involves and what you actually do. If the written description says you will “assist with inventory management” but in reality you sit in a storage room with nothing to count, that discrepancy is powerful evidence.

Use your daily log to track specific examples where the reality does not match the description. The more detailed and specific you are, the better.

Step 4: Note Whether the Position Existed Before Your Injury

Find out whether anyone held the position before you were assigned to it. Ask coworkers or supervisors whether the role existed previously. If the job was created after your injury for the sole purpose of offering you light duty, that supports your argument that it is not bona fide selective employment.

Document what you learn, including who you spoke with and what they said. If a coworker confirms the position is new, their testimony could be valuable.

Step 5: Track What Happens When You Are Absent

Pay attention to what happens when you miss a day of work due to a medical appointment or illness. Does someone else perform your duties? Is the work simply left undone? If your absence creates no disruption whatsoever, it suggests the position has no real business function.

Step 6: Keep Your Doctor Informed

Share your daily work log with your treating physician. Your doctor can assess whether the actual duties you are performing align with your medical restrictions and whether the work environment is helping or hindering your recovery. A medical opinion that the light duty position is not genuinely accommodative strengthens your case considerably.

Step 7: Photograph or Video When Appropriate

If your workplace allows personal phone use, consider taking photos or brief videos that show your work environment and what you are (or are not) doing during your shift. A picture of an empty desk where you sit all day with no tasks can be more compelling than a written description.

Check your employer’s policy on recording before doing this, and consult your attorney about the best approach.

What to Do With Your Documentation

Once you have gathered your evidence, share it with a Virginia workers’ compensation attorney who can evaluate whether the light duty position qualifies as legitimate selective employment. Your attorney can use your documentation to:

• File an application with the Commission challenging the employer’s offer
• Present testimony and evidence at a hearing
• Argue that your benefits should not be reduced or suspended based on a sham position

Start Building Your Case Today

The best time to start documenting a made up light duty job is right now. The longer you wait, the harder it becomes to reconstruct what happened and when. At Lugar Injury Law, I use the evidence my clients gather to hold employers accountable and protect workers’ compensation benefits.

Contact Lugar Injury Law today for a free consultation. I serve injured workers in Roanoke and throughout Virginia.