After an employee suffers a temporary injury in the course and scope of his or her employment, he or she might be given a light duty job for purposes of accommodating the physical restrictions that were caused as a result of the injury. Whether an injured employee is designated for light duty depends on two factors. First, the employee’ doctor must order restricted work activity. Next, the employer needs to find the employer work in the company that is consistent with the doctor’s orders. If light duty is offered by the employer and refused by the employee, he or she won’t receive temporary total disability benefits in accordance with section 4650 of the California Labor Code.
The Light Duty Offer
If a light duty job is offered, it would be either modified work or alternative work. Modified work involves the employee’s old job with accommodating changes. Alternative work involves different work that complies with the doctor’s restrictions. In either case, the employer must pay at least 85% of the employee’s wages and benefits that he or she was earning at the time of the injury. Upon the tender of a light duty offer, the employee generally has 30 days to accept it. If no modified or alternative work is available with the employer, temporary total disability must be paid.
After suffering a work-related injury, contact us if you’re having issues with being assigned to light duty, or you’re not receiving your temporary total disability payments.
Contact our California Labor and Employment Lawyers today.
