WELCH&CONDON

Workers Compensation

Light Duty Trap

In a previous post I encouraged you to have an open mind if your employer offers light duty work while you are recovering from your injury. It is generally a good thing to remain connected to your employer and the work force.

 

I touch on this topic again to alert you to the down side of  light duty work. If you are working light duty, your employer can still fire you for cause. If you are fired for cause, you do not receive time loss benefits. The employer will argue light duty work was available for you, but because of your own actions you are no longer working. Time loss is not payable, since it is not your injury which is preventing you from working and receiving a paycheck.

 

The most common scenario is a worker who does not call in to report an absence while on light duty. Most employers have a call in policy of one sort or another, some less strictly enforced then others. But I promise, if you violate these internal company polices while on light duty, you will find yourself out of a job, light duty or otherwise.

 

There is also the occasional horror story of an employer and co-workers treating a worker on light duty so poorly, that the light duty worker gets fed up and quits the job. Again, no time loss is payable, as the reason the worker is not collecting a paycheck has nothing to do with the work injury. I often tell my clients, your employer does not have to be nice to you.

 

The lesson here is to mind your P’s and Q’s. Follow company rules to the letter, even if no one else does. Walk away from taunts and mocking. Enforce the written restrictions from your medical provider. If your employer is one of the good guys, light duty work will be a valuable bridge during your recovery. If your employer is not on the up and up, the light duty job will evaporate just as quickly as it materialized. If the employer indicates they no longer have light duty work for you, at least your time loss benefits will immediately restart.

November 18, 2008 - Posted by Terri | Washington state, attorney, injured workers, legal, workers compensation | , , , , , | 4 Comments

4 Comments »

  1. My son was injuried on the job with a moving company. He sustained an injury to his back they call a strain/sprain. He has been through physical therapy feeling worse then before the treatment. He was then treated by a chiropractor
    which was a temporary fix. He has a VRC who tried to find him employable as a fast food counter worker and not only can he not stand for 8 hrs. he ha no experience in that field. Now they are trying to say he can deliver pizzas and his PCE under trunk rotation both sitting and standing says never. In order to drive you have to rotate @ the trunk unless you never turn to drive properly. This has been going on for almost 2 years and his condition is worse than it was @ the time of injury. Any suggestions?

    Comment by Rene LaPolla | October 30, 2009 | Reply

  2. Hire an attorney. I am not being flip – you have just reached the end of being able to manage this claim yourselves. Your son might want to consider seeing a Physiatrist – a physical medicine rehabilitation physician. This type of medical provider can make sure he is getting the proper treatment for his injury, and can properly assess his level of functioning and careful review the job analyses which I am sure are flying around. Your son’s PPD (permanent partial disability) award is not likely to be high, given his diagnosis, so it is important to try and get as much vocational assistance as possible to help him return to the work force. Get help. While an attorney can never guarantee an outcome, a good attorney will make sure your son gets the benefits he is entitled to receive, and that is really all we can ask out of the system, isn’t it?

    Comment by Terri | October 30, 2009 | Reply

  3. My son had another IME with a doctor who also did one in 2008. This doctor used have a practice who used to be an injured workers doctor who would say no one could work that he was treating. Now he has flipped to the other side and states that my son is faking his injury and can work in any capacity, but did rate him a category 1 for cervical-dorsal impairment. This doctor shouldn’t be able to practice, not only is he unethical but he pulls a stick pin out of a draw & uses it to stick you & everyone else who is lucky enough to be sent to him. Is there anything I can do about this doctor? I know you want me to bring an attorney in but we just cannot afford one & I’m scared that my son is going to crack, he has no coping skills left since he has been injured. I believe he has signs of PTSD.

    Comment by Rene LaPolla | November 13, 2009 | Reply

    • If your son has legitimate complaints about the IME physician who evaluated him he can and should write a letter to the Medical Director of the Department. The Department takes complaints seriously, and will investigate where appropriate. That said, these evaluations often come to conclusions much different from those of the worker’s attending medical provider. I suggest your son take a copy of the exam report to his Doctor, and ask the physician to provide a detailed response, focusing on objective findings on exam which are consistently noted by the attending provider, and missed or downplayed by the IME physician. Your son’s physician can also request a psychiatric consultation if there are concerns that mental health issues may be related to the injury, or may be delaying or retarding recovery. And, yes, I am going to encourage your son to get an attorney. Sometimes it is just what is necessary to protect the worker’s rights, and insure he receives the benefits and treatment he is entitled to under the statute.

      Comment by Terri | November 13, 2009 | Reply


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