Following a work-related injury, the employer may offer an employee light-duty work that isn’t as physically demanding as their regular tasks. The purpose of a light-duty job is to allow the employee to continue working while still meeting medical restrictions set by their doctor. Light-duty work often involves shorter hours, less strenuous activity, or modified duties. These modifications can vary, but a job only qualifies as light duty if it fits within the restrictions ordered by the employee’s treating physician. If an available job meets those limits, the employee usually must accept it to maintain eligibility for wage loss benefits under their employer’s workers’ compensation plan.
Temporary Partial Disability (TPD) and Light-Duty Jobs
An employee is entitled to temporary partial disability (TPD) benefits if they can return to work after an occupational injury, but only in a limited capacity, earning less than usual. If the worker’s light-duty job pays them a lower wage, TPD benefits can make up part of the difference. Specifically, these benefits can cover two-thirds of the wage gap between pre-injury earnings and light-duty income. For injuries occurring on or after October 1, 2018, TPD benefits can last up to 275 weeks or until 450 weeks have passed from the injury date, whichever comes first.
Temporary Total Disability (TTD) vs. Returning to Work
Temporary Total Disability (TTD) benefits are available to employees who cannot work at all due to their occupational injuries or whose employers cannot accommodate their restrictions. These benefits pay two-thirds of an injured worker’s average weekly wage. If a worker is offered a light-duty position within their restrictions, TTD benefits can stop. There are other events that can stop TTD benefits, as well, such as reaching Maximum Medical Improvement (MMI) or disputes regarding job search. And regardless, Minnesota law caps TTD benefits at 130 weeks for recent injuries, unless a formal retraining plan has been approved.
What Happens When Light-Duty Work Does Not Match Restrictions?
If a light-duty job offer goes beyond the restrictions set by a worker’s treating doctor, the employee can challenge it. Disputes can arise when an employer claims a light-duty position is acceptable, but the employee’s doctor disagrees. If a job clearly exceeds medical restrictions and the employee refuses it, they shouldn’t lose their benefits. However, if an insurer believes an employee’s refusal is unreasonable, it may try to stop wage loss payments. Accurate medical documentation and clear communication between workers, insurers, QRCs and attorneys are key to resolving such disputes fairly. If no agreement can be reached, a hearing before the Workers’ Compensation division of the Department of Labor and Industry/Office of Administrative Hearings may be required.
Vocational Rehabilitation and Retraining for Injured Workers
Vocational rehabilitation is available to injured workers who cannot return to their regular jobs, even with light-duty modifications. Minnesota law requires insurers to arrange rehabilitation consultations when certain conditions apply. A qualified rehabilitation consultant (QRC) helps eligible workers evaluate their options and develop retraining plans. The goal is to return the worker to suitable employment that is as close as possible to their pre-injury earnings. Rehabilitation services can include job counseling, skills training, and sometimes even retraining for an entirely new career. It is important to note that injured workers have a right to choose their own QRC; they do not have to simply accept one chosen by the insurance company. Be sure to consult an experienced workers’ compensation attorney on this issue.
Common Disputes About Light-Duty Work and Wage Loss Benefits
Workers’ comp cases involving light-duty work and wage loss benefits are frequently contested. Common sources of disagreement include whether offered jobs fit medical restrictions, how wages are calculated for TPD, and whether an insurer stopped benefit payments too soon. Workers can also face disputes about their job search efforts when light-duty work isn’t available or if they cannot return to their old positions. Hearings or conferences with the Workers’ Compensation Division of the Department of Labor and Industry are often necessary to resolve these matters.
Contact a Minnesota Workers’ Comp Lawyer Now
If you still have questions about light-duty work and wage loss benefits in Minnesota, get in touch with Meshbesher Law Firm now. We can review your situation, address your concerns, and explain your options during a free initial consultation session.
