Virginia Workers’ Compensation: What to Do When Light Duty Work Exceeds Your Medical Restrictions

You accepted a light duty assignment after your work injury in Virginia, but the actual tasks you are being asked to perform go beyond what your doctor authorized. Maybe you were told the job would be sedentary, but you are spending hours on your feet. Maybe you were restricted to lifting five pounds, but your supervisor hands you a ten-pound box and tells you it needs to be moved. This happens more often than employers want to admit, and it puts your health and your workers’ compensation claim at risk.

As a workers’ compensation attorney in Roanoke, Virginia, I want you to know what your rights are and what steps to take if your light duty work exceeds your medical restrictions.

Your Medical Restrictions Are Not Suggestions

Medical restrictions are the boundaries your treating physician places on your physical activity to protect you from further injury while you recover. They are not guidelines, preferences, or suggestions — they are medically necessary limitations. Common restrictions for workers’ compensation patients include:

• Weight lifting limits (e.g., no more than 10 pounds)
• Limitations on standing, walking, or sitting
• No repetitive bending, twisting, or reaching
• No climbing ladders or stairs
• Required rest breaks at specific intervals
• Restrictions on total work hours per day or week

Under Virginia Code § 65.2-510, selective employment offered by your employer must fall within these physician-imposed restrictions. If it does not, the offer may not constitute bona fide selective employment, and you may be justified in declining it.

Why Employers Push Beyond Restrictions

There are several reasons why a light duty assignment might exceed your medical restrictions:

• Poor communication. Sometimes supervisors are not fully informed about your specific limitations.
• Staffing pressure. Short-staffed employers may need you to do more than your restrictions allow.
• Deliberate testing. Some employers intentionally push boundaries to see if you will comply, which they can then use to argue you are more capable than your restrictions suggest.
• Indifference. Unfortunately, some employers simply do not prioritize an injured worker’s medical needs.

Regardless of the reason, you should never be required to perform work that exceeds your restrictions.

What to Do Immediately

1. Do Not Push Through the Pain

I know it is tempting to try to tough it out, especially if you are worried about losing your job or your benefits. But performing tasks beyond your medical restrictions can worsen your injury, create new injuries, and complicate your workers’ compensation claim. Your long-term health is more important than any single shift.

2. Notify Your Supervisor in Writing

Tell your supervisor — preferably by email or written note — that the assigned task exceeds your medical restrictions. Be specific. Quote your doctor’s restrictions and explain which aspect of the task violates them. For example: “My doctor has restricted me to no lifting over five pounds. The boxes I am being asked to carry weigh approximately fifteen pounds. I cannot perform this task within my medical restrictions.”

3. Contact Your Treating Physician

Report the situation to your doctor as soon as possible. Your physician can confirm that the assigned duties are outside your restrictions and provide updated documentation. If performing the excessive duties has worsened your condition, your doctor needs to evaluate you and document any changes.

4. Keep Detailed Records

Document each instance where you are asked to perform tasks beyond your restrictions. Note the date, time, what was asked, who asked, and how it compares to your written restrictions. This daily log becomes critical evidence if the case goes before the Virginia Workers’ Compensation Commission.

5. Do Not Quit

Walking off the job because the work exceeds your restrictions, without following proper channels, can be treated as an unjustified refusal of selective employment. Instead, raise the issue through appropriate channels and contact a workers’ compensation attorney.

Can You Refuse Tasks That Exceed Your Restrictions?

Yes. You are within your rights to decline specific tasks that go beyond what your doctor has authorized. This is not the same as refusing the entire light duty position. You can continue to perform the portions of the job that fall within your restrictions while declining the tasks that do not.

Document your refusal and the reason for it. A clear, written record showing that you refused only the tasks that violated your medical restrictions — while continuing to perform compliant duties — is strong evidence in your favor.

What Remedies Are Available?

If your employer continues to assign work beyond your restrictions despite your complaints, you or your attorney can:

• File an application with the Commission seeking enforcement of your medical restrictions
• Request that benefits be reinstated if the light duty position is not compliant with your restrictions
• Seek a change in condition if the excessive work has worsened your injury
• Pursue retaliation claims if your employer fires you or takes adverse action for asserting your rights

Protect Your Health — Contact Lugar Injury Law

No injured worker should be forced to choose between their health and their paycheck. If your workers’ compensation light duty assignment in Virginia exceeds your medical restrictions, I can help you assert your rights and protect your benefits.

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