When someone gets injured at work, they may reach a point when they are recovered enough to return to their job in a limited capacity. For example, a mechanic might be able to go back to the shop and work the front desk until they are completely healed and cleared by a doctor. An employee being able to perform some of their job while they heal is what light duty for workers’ compensation is.
Williams & Roche, LLC, is a distinguished Columbia workers’ compensation law firm serving injured employees in South Carolina.
Our team has two past Workers’ Compensation Commissioners on our attorney roster, both of whom voluntarily left their position so they could be the change they wanted to see in the legal profession. We have the resources to help you understand light-duty job restrictions, when they are appropriate, and how they can impact your legal rights.
Understanding Light Duty Under South Carolina Workers’ Comp Law
Under South Carolina law, a worker receiving temporary benefits may stop receiving those once their medical team clears them for light-duty tasks. Light-duty work is when your doctor clears you to return to your job, but on a reduced basis.
For instance, your physician may say you cannot lift over 20 pounds or be on your feet for a certain amount of time. Or, your doctor may tell you to switch to a desk role for several weeks, then get reevaluated and potentially moved back to your previous job. Light-duty restrictions are in place to allow workers to ease back into employment and earn money while their body continues to heal.
When Can Light Duty Be Offered After a Work Injury?
Typically, light-duty restrictions are offered after the person has had some time to recover. A doctor would examine them and determine their diagnosis and disability rating. The physician would also decide if it would be best for the worker to stay home and rest, and when it is appropriate—and maybe beneficial—for them to return to the office on a light-duty basis. The person’s employer can offer them a suitable, light-duty job when the doctor says it is okay for them to return to work under restrictions.
What Happens If You Refuse Light Duty?
Your employer has a right to offer you an employment opportunity on a restricted basis when your doctor clears you for this type of work. Under South Carolina law, you may have to accept this offer or risk losing your right to benefits. That said, there are exceptions. A workers’ compensation attorney can help you determine your rights.
Common Issues With Light-Duty Assignments
If your employer offers light-duty work, it should align with your treating physician’s recommendations. In other words, they cannot force you to return to a position that would be beyond what your doctor clears you for.
Additionally, your employer cannot try to coerce you to return to work to retaliate against you for filing for workers’ compensation in the first place. And they cannot threaten to or actually fire you if you refuse to do something you are not cleared for. If you think your employer is forcing you to return before your physician says you are ready to, it may be time to talk to an attorney.
Know Your Rights: Light Duty and Wage Loss Benefits
You may still receive temporary partial benefits when you return to work on light duty. The amount you receive depends on the laws in effect at that time. However, you may receive payment for the hours worked plus a percentage of the difference between your pre-injury and post-injury wages.
How a Columbia Workers’ Compensation Lawyer Can Help
A Columbia workers’ compensation attorney is a valuable resource for workers as they try to return to their jobs on a light-duty basis. Our legal team can spot and help fight back against unfair or potentially dangerous assignments that may jeopardize your health and rights. We can review your doctor’s recommendations and the offer given to you by your boss and provide you with personalized legal recommendations and advocacy.
FAQs About Light Duty in South Carolina
What is considered light-duty work in SC?
Light duty work is modified work that allows workers to return to their job with restrictions in place. For example, they may not be able to lift over a specific weight or work more than a predetermined number of hours.
Can my employer force me to take light duty?
Your employer cannot force you to take a light-duty job offer if it does not align with your doctor’s recommendations.
What if my doctor says I am not ready?
If your doctor says you are not ready to return to work after an injury, you may be able to refuse an offer of light-duty work. An attorney can talk to you about your situation and advise you on your rights.
Does light duty mean I am fully recovered?
You are not fully recovered if you are cleared to return to work on a restricted or light-duty basis. Typically, it means your body is still healing, but your doctor allows you to return to work with restrictions to protect your health.
Can I get fired for refusing light duty?
It depends. You may lose workers’ compensation benefits if you are cleared for light-duty work but refuse the offer. However, your employer cannot retaliate against you for filing a workers’ compensation claim or for having to go back to work on a light-duty basis.
