Light Duty Job Restrictions in Virginia Workers’ Compensation: What Your Employer Can and Cannot Require

When you are recovering from a work injury in Virginia and your employer offers a light duty assignment, understanding your rights regarding job restrictions is essential. Many injured workers accept light duty positions without knowing what their employer can legally require — and what crosses the line. Workers’ compensation light duty in Virginia is governed by specific rules, and knowing those rules can protect your health and your benefits.

As a Virginia workers’ compensation lawyer, I help injured workers in Roanoke and across the state understand what employers can and cannot do when it comes to light duty assignments.

What Your Employer CAN Require

Offer a Position Within Your Medical Restrictions

Your employer has the right to offer you modified or alternative work that falls within the physical limitations set by your doctor. Under Virginia Code § 65.2-510, this is called “selective employment,” and it is a legitimate way for employers to bring injured workers back into the workplace while they recover.

Assign Different Duties Than Your Original Job

A light duty position does not have to match your pre-injury role. Your employer can assign you to different tasks, a different department, or even a different location — as long as the work is within your medical restrictions and the position is genuine.

Pay You a Different Wage

The light duty position does not have to pay the same wage as your original job. If it pays less, you may be entitled to temporary partial disability (TPD) benefits to partially offset the difference. Virginia calculates TPD as two-thirds of the gap between your pre-injury and light duty wages, subject to statutory maximums.

Set a Work Schedule

Your employer can establish a work schedule for the light duty position, including specific start and end times, as long as the schedule is consistent with your medical restrictions. If your doctor limits you to four hours per day, the employer cannot require eight.

What Your Employer CANNOT Require

Work That Exceeds Your Doctor’s Restrictions

This is the most fundamental limitation. Your employer cannot require you to perform tasks that go beyond what your treating physician has approved. If your doctor says no lifting over ten pounds, your employer cannot assign you duties that involve lifting fifteen. This applies to all physical requirements, including standing, walking, bending, reaching, and repetitive motions.

A Position That Is Not a Real Job

Your employer cannot create a made up light duty job with no genuine duties and then claim you have returned to work. The Virginia Workers’ Compensation Commission looks at whether selective employment is bona fide — meaning it must be a real position with actual, productive tasks.

Retaliation for Filing a Workers’ Comp Claim

Under Virginia Code § 65.2-603, your employer cannot fire you or take adverse action against you solely because you filed a workers’ compensation claim. Assigning you a degrading or punitive light duty role as retaliation may violate this protection.

An Immediate Decision Without Time to Consult Your Doctor

You have the right to have your treating physician review the written job description before you accept or refuse a light duty offer. An employer who demands an immediate answer without allowing medical review is not acting in good faith.

Your Medical Restrictions Are the Foundation

Everything about a workers’ compensation light duty assignment in Virginia revolves around your medical restrictions. Your treating physician determines what you can and cannot do, and those restrictions should be documented in writing. Common medical restrictions include:

• Weight lifting limits
• Restrictions on standing, walking, or sitting for extended periods
• Limitations on repetitive movements
• Restrictions on reaching, bending, or climbing
• Requirements for rest breaks or limited work hours

Make sure your doctor provides detailed, specific restrictions rather than general statements. The more precise the documentation, the easier it is to evaluate whether a light duty offer is appropriate.

What If Your Employer Violates These Rules?

If your employer assigns you work that exceeds your medical restrictions, or if you believe the light duty position is not genuine, you should:

1. Document the violations. Write down what you are asked to do each day and compare it to your written restrictions.
2. Report concerns to your doctor. Your treating physician can update your restrictions or write a letter confirming that the assigned duties are outside what they authorized.
3. Do not quit. Walking off the job can hurt your workers’ compensation claim. Instead, report the issue and seek legal advice.
4. Contact a workers’ comp attorney. An experienced lawyer can file the appropriate motions with the Commission to protect your benefits.

Let Lugar Injury Law Protect Your Rights

Understanding what your employer can and cannot require during a light duty assignment is critical to protecting both your health and your workers’ compensation benefits. If you have questions about a light duty offer or believe your employer is not following the rules, I am here to help.

Contact Lugar Injury Law today for a free consultation about your Virginia workers’ compensation light duty situation.