What If Light Duty Work Makes My Injury Worse? Your Virginia Workers’ Comp Rights
You were hurt on the job, your employer offered you a light duty position, and you accepted it hoping to get back on your feet. But now the work is aggravating your injury. Maybe the pain is getting worse, or new symptoms are developing that were not there before. What do you do? Can you stop working? Will you lose your workers’ compensation benefits?
This is a situation I see regularly as a Roanoke workers’ compensation attorney. If your workers’ compensation light duty assignment in Virginia is making your condition worse, you have rights — and you need to act quickly to protect them.
Your Health Comes First
No workers’ compensation light duty job in Virginia should make your injury worse. The entire purpose of selective employment under Virginia Code § 65.2-510 is to provide work that accommodates your medical restrictions while you heal. If the job is causing additional harm, something has gone wrong — either the position exceeds your restrictions, or your condition has changed in a way that makes the current duties unsafe.
Steps to Take Immediately
1. Report the Problem to Your Treating Physician
The first and most important step is to see your doctor as soon as possible. Explain what tasks you are performing and how they are affecting your injury. Your physician can update your work restrictions, document the aggravation, and provide a written opinion about whether the light duty position is appropriate for your current condition.
This medical documentation is critical. Without it, your employer or the insurance company may argue that you abandoned your light duty position without justification.
2. Notify Your Employer in Writing
Tell your supervisor or human resources department that the light duty work is aggravating your injury. Put this in writing — an email is ideal because it creates a time-stamped record. Be specific about which tasks are causing problems and reference your medical restrictions.
3. Do Not Simply Walk Off the Job
I understand the temptation to just stop going in, especially if you are in pain. But walking off a light duty assignment without following the proper steps can be treated as an unjustified refusal of selective employment, which could jeopardize your workers’ compensation benefits. Instead, get your doctor to pull you from the position or modify your restrictions, and communicate that to your employer.
4. Document Everything
Keep a daily log of your duties, how they affect your injury, and any conversations with supervisors about your limitations. If you experience increased pain, swelling, or other symptoms, note the date, time, and what you were doing when it happened. Photographs of any visible symptoms can also be helpful.
Can You File a New Workers’ Comp Claim for the Aggravation?
If a light duty assignment aggravates your existing work injury, the worsening of your condition is generally covered under your original workers’ compensation claim. You do not typically need to file a separate claim for the aggravation, but your treating physician needs to document that the worsening is related to your workplace activities.
However, if the light duty assignment caused an entirely new injury — for example, you hurt your shoulder while on light duty for a back injury — that could be considered a new compensable injury under Virginia law. An experienced attorney can help you determine the best approach.
What About a Change in Condition?
Under Virginia workers’ compensation law, a “change in condition” can be the basis for modifying your benefits. If your injury worsens because of a light duty assignment, you or your attorney can file an application with the Virginia Workers’ Compensation Commission seeking a change in your award — for example, from temporary partial disability back to temporary total disability.
The Commission will review the medical evidence and determine whether your condition has deteriorated to the point where you can no longer perform the light duty work.
When the Employer Ignores Your Complaints
Unfortunately, some employers dismiss an injured worker’s concerns about light duty aggravation. They may tell you to “push through it” or threaten you with termination. If your employer refuses to accommodate updated medical restrictions or pressures you to continue work that your doctor has said is harmful, that is a serious problem — and one that a workers’ compensation attorney can address through the Commission.
Protect Your Health and Your Benefits
A light duty job that makes your injury worse defeats the entire purpose of workers’ compensation. You should not have to choose between your health and your paycheck. If you are in this situation, Lugar Injury Law can help you take the right steps to protect both.
Contact Lugar Injury Law today for a free consultation. I represent injured workers throughout Roanoke and Virginia who need help with workers’ compensation light duty issues.
