Suffering a work injury is frustrating and stressful. Along with the demands of physical and emotional recovery, many people are under financial pressure, too, especially as they continue to miss workdays and bills continue to arrive. Sometimes, employees can go back to their jobs before full recovery because their doctor approves them for light or modified duty so they can perform limited tasks.
This is an excellent option, but unfortunately, not all employers can offer a less taxing position. If this is your situation, what options do you have? Board-certified workers’ compensation attorney Jim Monast explains more.
Modified Job Duties Can Help an Employee Return to Work Faster
The Ohio Bureau of Workers' Compensation (BWC) strongly encourages employers, employees, health care providers, and case workers to band together to help injured people return to work quickly. A speedy return, when cleared by a physician, is beneficial to everyone. The employer continues to operate efficiently and effectively, and the employee earns wages. Interestingly, many medical professionals promote a prompt return to work to aid in the healing and rehabilitation of certain injuries.
The BWC identifies four options if an employee can resume work in some capacity before full recovery:
- Transitional. This classification provides real job duties for a specified period, typically 2–3 months, to help you recover enough to return to your original job.
- Modified. Work in which obstacles that may keep you from performing your essential job functions are adapted, altered, or removed.
- Light duty. In this position, tasks are executed at reduced physical levels. Tasks can be temporary or permanent that respect your medical restrictions.
- Alternative. Work you can do if you’re unable to perform your original tasks, but have other abilities and can be employed by the same employer.
Medical care providers may not understand the duties of every job, so employees and their workers’ compensation team should explore all options before determining that changed duties are unavailable.
Common Modified or Light Duty Accommodations by Industry
Returning to work in some capacity may help support healing while maintaining productivity. Here are a few examples.
Manufacturing Employees
Roles that reduce repetitive motions, standing, or use of machinery, such as:
- Quality control inspections
- Labeling or packaging
- Data entry or production tracking
- Sorting parts at a seated workstation
Construction Workers
Modified tasks that avoid heavy lifting, climbing, or use of power tools, such as:
- Performing site safety inspections
- Assisting with inventory or tool organization
- Conducting equipment checks
Flagging or traffic control (with minimal movement)
Retail Employees
A change in physical tasks that avoid standing for long periods, lifting, or stocking shelves, such as:
- Greeting customers or monitoring fitting rooms
- Running the register while seated
- Pricing and tagging merchandise
- Light cleaning or tidying
Health Care Workers
Assignments that limit patient handling or repetitive movement, such as:
- Performing administrative duties (charting, scheduling)
- Answering phones at the nurse’s station
- Assisting with patient transport (pushing wheelchairs only)
- Stocking supplies or organizing medical records
When Nothing Short of a Full Return to Work Is Available
Now, here’s the kicker: Ohio doesn’t mandate that employers create a return-to-work option for an injured employee. If it’s simply impossible for the duties to be changed, or if all the spots for modified positions are filled, an employer is within its rights to deny your request.
In these cases, you can continue to obtain workers’ compensation benefits until you reach maximum medical improvement and fully return to your job.
Even When Available, Changed Job Duties Might Not Be Adequate
Many of our clients call Monast Law Office because they experience problems even when their employer offers a light duty or modified position because it’s at a reduced pay rate. In these cases, employees can’t earn their full wages until they make a complete recovery. If this happens to you, there are essentially two options.
Working Wage Loss
This approach seeks to fill the gap left between the wages before an injury and those earned during recovery. However, working wage loss covers only a percentage of the difference between the two incomes.
For example, if you were earning $20 per hour before, and the light duty assignment only pays $15, working wage loss covers only a portion of that $5 difference. So while available, it still might not help you earn full wages before complete recovery.
Seek New Employment
You may end your relationship with your employer at any time and search for a new job. However, this carries certain risks, and every unique situation should be addressed differently.
Your Rights When Accepting Light Duty Work in Ohio
If you've been cleared for light duty or modified work after an injury, it’s important to understand the process. At Monast Law Office, we encourage our clients to follow through on:
- Clear intentions. Your employer is required to provide a written job offer outlining duties, hours, pay, and restrictions. Additionally, your doctor must complete a Medco-14 form stating your work limitations.
- Documenting pain or difficulties. Keep a daily log of any pain or issues you experience during light duty or modified tasks. Report concerns to both your supervisor and treating physician immediately so they can assess and record any problems.
- Work beyond restrictions. If the job exceeds your physical limitations, stop the task and notify your employer and physician right away. Get a medical reassessment if needed and document all communication.
- Right to refuse unsafe work. You have every right to deny a position that exceeds your documented abilities based on your doctor’s advice. However, keep in mind that refusing a legitimate modified work offer that fits your restrictions could result in loss of benefits.
If you're unsure about any part of your light duty or modified offer, contact our office right away. We’ll work with your physician to protect your health and your workers’ comp claim.
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