After a workplace injury, your primary focus should be on recovery and getting back to your normal life. However, the path from injury to full duty is often not a direct one. For many injured employees in South Carolina, it involves a transitional phase known as light-duty work.
The concept of workers’ compensation light-duty work is designed to be a bridge, allowing you to remain productive and connected to your job while respecting the medical limitations your injury has imposed.
It serves as a beneficial step for both the employee and employer, facilitating a gradual and safe return to your regular responsibilities. However, this phase can also be a source of significant confusion and stress.
Navigating a light-duty workers’ comp situation requires a clear understanding of the roles and responsibilities of everyone involved: your doctor, your employer, the insurance carrier, and yourself.
With the complex interplay, it is easy to make a misstep that could jeopardize your health or your right to compensation. Our experienced York, SC workers’ compensation lawyer can help.
What Does “Light Duty” Mean Under South Carolina Workers’ Comp?
In South Carolina, “light duty” refers to a temporary work assignment that allows an injured employee to return to work while still recovering. Instead of performing your regular physically demanding job, your employer may offer modified tasks that fit within the medical restrictions set by your treating doctor.
This could mean performing work with reduced physical demands. It might also involve modified tasks, where you perform your old job but with certain functions removed or altered.
In other cases, it could be a completely different position, such as a temporary move from a physically demanding role in construction to a sedentary one in office administration. Light duty can also involve working reduced hours to allow for adequate rest.
The goal of a light-duty workers’ comp assignment is to keep you connected to the workforce and earning an income while giving your body the time it needs to heal properly, without risk of re-injury.
Who Decides if You Can Return to Light Duty Work?
The decision to release you for light-duty work rests solely with your authorized treating physician. This is the doctor approved by the workers’ compensation insurance carrier to manage your care.
After examining you, the doctor will determine your physical capabilities and limitations. They will then issue a formal report or work status note that clearly outlines your specific restrictions (e.g., “no lifting over 10 pounds,” “seated work only,” “no overhead reaching”).
Your employer must be provided with these restrictions and is legally obligated to respect them.
You cannot be forced to return to any work, light duty or otherwise, without your doctor’s approval.
Employer Responsibilities When Offering Light Duty Positions
While South Carolina law encourages employers to help injured workers return to the job, they are not legally required to create a light-duty position for you if one does not already exist. However, if your employer does offer you a light-duty role, they have specific responsibilities.
- The light-duty job they offer must be consistent with the restrictions your doctor has put in writing. That means if your doctor says no lifting over 10 pounds, your employer can’t place you in a role that requires you to unload heavy boxes or operate equipment that would strain your injury.
- Employers are also expected to make the work meaningful. Light duty shouldn’t just be busywork meant to pressure you back into full duty before you’re ready. Sometimes, it may look different from your usual job, such as desk work, monitoring safety procedures, or assisting in administrative tasks.
- Communication is another responsibility. Your employer should provide a clear description of the new role and its physical requirements so that you (and your doctor, if needed) can confirm it’s safe. If anything about the work feels outside your restrictions, you have the right to raise concerns.
Finally, employers need to treat injured workers fairly. They can’t retaliate against you for being hurt or for needing accommodations. Light duty is meant to support your recovery, not punish you for getting injured on the job.
What Happens if You Refuse Light Duty Work?
If your treating doctor clears you for light duty and your employer offers a job that fits those medical restrictions, refusing to go back can have serious consequences. In South Carolina, turning down suitable light-duty work may cause your workers’ compensation wage replacement benefits to stop.
The insurance carrier can file a motion with the Workers’ Compensation Commission to stop your payments, arguing that you are voluntarily refusing available work.
There are exceptions. You may be justified in refusing an offer if:
- The job does not accommodate your medical restrictions.
- The work would cause you to aggravate your injury.
- The position is an unreasonable distance from your home.
If you are unsure whether a light-duty offer is suitable, it is essential to consult with an attorney before making a decision.
How Light Duty Impacts Your Wage Replacement Benefits
Accepting a light-duty position will affect your workers’ compensation benefits, but it does not necessarily eliminate them.
The impact depends on how much you earn in the new role compared to your pre-injury wages.
Here’s how it works:
- If You Earn Less Than Before: Workers’ comp will usually pay you two-thirds of the difference between your average weekly wage before the injury and what you are currently earning in your light-duty role.
- If You Earn the Same or More: Your wage replacement benefits may stop, since your earnings show that you’re back to your prior income level.
- If Your Doctor Limits Your Hours: For example, if you’re only cleared to work part-time, but you used to work full-time, benefits can help replace the income you’ve lost because of those restrictions.
Contact an Experienced York, SC Workers’ Compensation Lawyer
The rules surrounding workers’ compensation light-duty work can be complex. Employers may try to accommodate, but sometimes the roles they offer don’t truly qualify as light duty, and insurance companies may pressure you to return to work before you are ready.
If you’re asked to perform work that feels outside your restrictions, you shouldn’t ignore those concerns. At Hunter | Everage, we protect the rights of injured workers in South Carolina.
If you have been offered a light-duty position and have questions about your restrictions, your benefits, or your employer’s obligations, contact us at 704-377-9157 to request a consultation.