In most states the law goes that if after an injury, the employer can return to a light duty job, the employer holds the responsibility to compensate him with either the same job that he left or with an alternate job that is equivalent to the one he left.
In contrast, the law in some states requires that if a worker is returning to a light duty after a worker’s compensation injury, he or she still has to get the workers compensation benefits in order to compensate him for the difference of payment of the new job and the previous one being performed by him before the injury. To avoid this double payment, employers tend to deny the light duty jobs on the ground that they d not have any such jobs available.
In order to encourage the employers to provide the light duty jobs, some states have modified the law in such a way that even if the worker accepts the alternative job being provided by the employer or not, his workers compensation benefit will be reduced by 15% but the condition is that the alternative job should be the one that can be performed by you. In contrast, if the employer does not provide the job, the workers compensation benefit will be increased by 15%.
If you do return to your previous employer, make sure your employer knows about the restrictions your doctor has put on you if the employer forces you to perform the job any way, decline it by stating that you are not allowed by the physcian.
Professionals at Lyle B. Masnikoff and Associates, P.A will fight to get you the medical or wage benefits you are entitled to under the law. Employers and Insurance Companies have professionals working for them and there are no fees or costs until you recover. It‘s time for you to hire us to protect your rights.
