What If My Employer Offers A Light-Duty Job At Less Pay?

Do I Have To Work At Less Pay?

As long as the light-duty job is within your doctor's written work restrictions, you must work it. Refusal of a legitimate light-duty offer is grounds for the insurer to deny compensation for wage loss. If you try working the light-duty job but can't do it, go back to the authorized doctor immediately and see if he or she will give you more work restrictions in writing. Returning to work at the same employer after a work injury could create a hostile work environment.

The employer could give you a hard time to try to get you to quit, but quitting could forfeit your workers' compensation rights. If the employer fires you, you can still request compensation for lost wages as long as you are not fired for "cause" (insubordination, etc.)

Request A Temporary Partial Compensation Award

What if your physician allows you to do light-duty work and your employer offers you a light-duty job at a lower average weekly wage (AWW) than you made before the accident? You should send the adjuster your light-duty wage stubs and ask for a temporary partial compensation award for two-thirds of the difference between your preinjury AWW and post-injury AWW.

What If The Insurer Denies Temporary Partial Compensation?

If the insurer denies you compensation, then you can file a Claim for Benefits parts A and B with the Virginia Workers' Compensation Commission and use your residual work capacity to be eligible for temporary partial compensation. It is okay to continue job searching until you receive compensation from the insurance company.

Gerald Lutkenhaus Gives Injured Workers The Help They Need

There's no question that you should hire a workers' compensation attorney to be your advocate through this complicated process. However, who you choose to do the job is equally important to your claim.

Don't hire a lawyer who just does workers' comp on the side. Instead, choose one with decades of experience in practice and numerous awards to his name. I am so committed to your needs that I offer free initial consultations to everyone in the Richmond area, simply call 804-554-3168or send an email.