What Happens to My Workers’ Compensation Benefits If I Refuse Light Duty in Virginia?

One of the most stressful decisions an injured worker in Virginia can face is whether to accept or refuse a light duty job offered by their employer. If you have been hurt on the job and are collecting workers’ compensation benefits, you may be worried that turning down a light duty assignment could cost you your income. That concern is valid — but the full picture is more nuanced than many employers want you to know.

As a workers’ compensation attorney serving Roanoke and all of Virginia, I want to walk you through exactly what happens under Virginia law if you refuse a light duty position, and when doing so may actually be the right decision.

The General Rule: Refusing Can Put Your Benefits at Risk

Under Virginia Code § 65.2-510, if an employer offers selective employment (light duty) that is within your medical restrictions, and you refuse it without justification, your employer or its insurance carrier can petition the Virginia Workers’ Compensation Commission to suspend your temporary total disability (TTD) benefits.

The logic behind this law is straightforward: if you are physically capable of performing some work and that work is available, you should not continue receiving full disability benefits. However, the burden is on the employer to show that the offered position is legitimate and within your restrictions.

When Refusing Light Duty Is Justified

Not every refusal will cost you your benefits. Virginia law recognizes several legitimate reasons for declining a light duty offer:

The Job Exceeds Your Medical Restrictions

If the offered position requires physical activity beyond what your treating physician has authorized, you are justified in refusing. For example, if your doctor limits you to sedentary work and the light duty job involves standing for several hours, that refusal is medically supported.

The Position Is a Made Up Light Duty Job

If your employer created a fake light duty position that serves no real business purpose — just to cut off your benefits — you may have strong grounds to refuse. The Virginia Workers’ Compensation Commission examines whether selective employment is genuine, not just whether it exists on paper.

Your Doctor Has Not Cleared You to Work

If your treating physician has not released you to return to any form of employment, a premature light duty offer can be challenged. Your medical provider’s opinion about your ability to work is a critical factor in any dispute.

The Job Is Retaliatory or Designed to Force You to Quit

Some employers assign humiliating or pointless tasks specifically to pressure injured workers into quitting. If the light duty assignment appears designed to punish you for filing a claim rather than to provide meaningful work, this can be raised as a defense.

What Happens Step by Step After You Refuse

If you refuse a light duty offer, here is what typically happens in a Virginia workers’ compensation case:

1. The employer or insurer files an application with the Commission. They will ask for your TTD benefits to be suspended or modified based on your refusal of selective employment.
2. You have the opportunity to respond. You or your attorney can present evidence explaining why the refusal was justified — for example, medical documentation showing the job exceeded your restrictions.
3. A hearing may be scheduled. A Deputy Commissioner will review the evidence from both sides and issue a decision on whether your benefits should continue, be reduced, or be suspended.
4. Either party can appeal. If you disagree with the Deputy Commissioner’s decision, you can request a review by the full Commission.

The Difference Between Reduced and Suspended Benefits

It is important to understand that refusing light duty does not always mean losing all of your benefits. Depending on the circumstances:

• Benefits may be suspended entirely if the Commission finds your refusal was unjustified and the offered job paid your full pre-injury wage.
• Benefits may be reduced to temporary partial disability (TPD) if the job paid less than your pre-injury wage and you could have accepted it.
• Benefits may continue unchanged if the Commission agrees that your refusal was justified — for example, because the job was a made up light duty job or it exceeded your medical restrictions.

Do Not Make This Decision Alone

Refusing a light duty job in a Virginia workers’ compensation case is a decision with real consequences. But accepting a job that is beyond your physical capabilities or that is designed to strip your benefits is also harmful. This is exactly the type of situation where legal guidance can make a significant difference.

At Lugar Injury Law, I help injured workers evaluate light duty offers, build evidence to support justified refusals, and fight to protect benefits when employers do not play fair. If you are facing a difficult workers’ comp decision, let me help.

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