What Is a ‘Made Up’ Light Duty Job in Virginia Workers’ Compensation?

If you have been hurt at work in Virginia and your employer suddenly offers you a light duty position that seems unusual, vague, or completely unlike anything that existed before your injury, you may be dealing with what many injured workers call a “made up” light duty job. This is a tactic some Virginia employers use to reduce or eliminate workers’ compensation benefits, and it is more common than you might think.

As a workers’ compensation lawyer in Roanoke, I have seen firsthand how made up light duty jobs in Virginia workers’ compensation cases can hurt injured workers. Here is what you need to know about recognizing these positions and protecting your rights.

How Virginia Law Defines Light Duty (Selective Employment)

Virginia’s Workers’ Compensation Act does not use the term “light duty.” Instead, Virginia Code § 65.2-510 refers to “selective employment,” meaning a job offered to an injured employee that falls within the physical restrictions established by a physician. When an employer offers legitimate selective employment, it must be a real job with real duties that respects your doctor’s orders.

The purpose of selective employment is to help injured workers transition back into the workforce while they recover. It is not supposed to be a tool for employers or insurance companies to slash your benefits.

What Makes a Light Duty Job “Made Up”?

A made up light duty job is a position that exists on paper but has no genuine business purpose. These jobs are typically created after an employee files a workers’ compensation claim, and they are designed to give the employer a basis for arguing that the injured worker can return to work, thereby justifying a reduction or termination of benefits.

Common characteristics of made up light duty jobs include:

• The position did not exist before your injury. If no one has ever held the job title or performed the described duties before, that is a major red flag.
• The duties are vague or meaningless. Examples include sitting at a desk with nothing to do, watching safety videos repeatedly, or “supervising” work that does not need supervision.
• The job does not match your skills or background. If you were a warehouse worker and are now asked to answer phones in an area where the phone never rings, the position may not be genuine.
• No one replaces you when you are absent. If you call in sick and no one fills your role, it suggests the job serves no real function.
• The hours or location are unreasonable. Some employers offer positions with schedules or commutes that make it practically impossible to accept.

Why Employers Create Fake Light Duty Positions

The financial incentive is straightforward. When you are receiving temporary total disability benefits, your employer’s workers’ compensation insurance is paying you roughly two-thirds of your pre-injury average weekly wage. If the employer can show that selective employment is available, and you either accept it or unjustifiably refuse it, those TTD payments can be reduced or stopped entirely.

This means some employers and their insurance carriers will go to great lengths to create a position on paper, even if it adds no value to the business, simply to cut off your workers’ compensation wage benefits.

What the Virginia Workers’ Compensation Commission Looks At

When a dispute arises over whether a light duty job is legitimate, the Virginia Workers’ Compensation Commission will examine several factors, including:

• Whether the position existed before the worker’s injury
• Whether the job duties are genuine and productive
• Whether the position falls within the employee’s medical restrictions
• Whether the offered wages are comparable to pre-injury earnings
• Whether the employer has a history of creating similar positions for injured workers

If the Commission determines that the offered position is not bona fide selective employment, it may rule that your benefits should continue.

What Should You Do If You Suspect a Made Up Light Duty Job?

If your employer offers you a workers’ compensation light duty position in Virginia and something does not feel right, take these steps:

1. Get the offer in writing. Ask for a written job description that includes specific duties, hours, wages, and physical requirements.
2. Share the job description with your doctor. Your treating physician should review the position to confirm it falls within your medical restrictions.
3. Document everything. Keep a record of what you are actually asked to do on a daily basis. If the reality does not match the job description, that documentation can be powerful evidence.
4. Do not quit. If you walk off the job without legal guidance, it could be used against you in your workers’ comp case.
5. Consult a workers’ compensation attorney. An experienced lawyer can help you evaluate whether the offer is legitimate and advise you on how to respond.

Contact a Virginia Workers’ Comp Attorney

A made up light duty job should not cost you the benefits you are entitled to under Virginia law. If you believe your employer has created a fake position to undercut your workers’ compensation claim, I can help. At Lugar Injury Law, I represent injured workers in Roanoke and across Virginia who are dealing with unfair light duty assignments.

Contact me today for a free consultation to review your case and discuss your options.