How Light-Duty Work Assignments Affect Your Workers’ Compensation Benefits

Our NYC workers’ compensation lawyers explain what you need to know

After a serious workplace injury in New York, you may find yourself unable to perform your regular job duties. In these situations, many employers offer what’s called a “light-duty” assignment. These temporary roles are designed to match your work restrictions while you recover.

But what exactly is light-duty work? Can you refuse it? Will it affect your workers’ compensation benefits? And are there any other important considerations associated with light-duty work? The NYC workers’ compensation attorneys at Pasternack Tilker Ziegler Walsh Stanton & Romano LLP explain how the system works in New York – and what injured workers need to be aware of in such situations.

What is light-duty work?

In New York, light-duty work is a modified version of your job (or a different role altogether) that accommodates your injury-related limitations. A light-duty assignment must fall within the restrictions outlined by your treating physician. These assignments are often offered after an injury once a doctor clears you for some type of work activity, but not your full job duties.

Examples of light-duty work can include:

Desk work or administrative tasks
Shorter shifts or flexible hours
Limited lifting, standing, or repetitive motion
Observational or training-based roles

Your employer is not required by law to create a light-duty position, but if one is offered, it may directly affect your wage replacement benefits.

Is light-duty work common for certain types of jobs?

The short answer – yes and no. Certain occupations are more prone to injuries that lead to light-duty work. For instance, in 2020, construction laborers experienced a nonfatal injury incidence rate of 52.5 cases per 10,000 full-time workers due to falls, slips, or trips, according to the Bureau of Labor Statistics (BLS). That’s more than double the national average for all workers. These construction injuries often resulted in temporary work restrictions as well as light-duty assignments as part of the recovery process in the construction industry.

However, any job could potentially result in a light-duty work assignment depending on the nature of someone’s work-related injury or illness, including:

Office work (answering phones instead of typing, for example)
Administrative work (supervising coworkers instead of performing physical tasks)
Warehouse work (taking inventory instead of lifting boxes)
Delivery work (taking customer or dispatch calls instead of driving or lifting packages)

It’s also important to keep in mind that 33.3 percent of occupations require only a light strength level to perform the job, which could make such tasks suitable for light-duty work, according to a Bureau of Labor Statistics study.

How does light-duty work affect your workers’ compensation benefits?

If you are receiving workers’ compensation in New York and your doctor determines you are capable of working with restrictions, you may be assigned to light-duty work. If the light-duty job pays less than your regular wages, you should still be entitled to reduced wage-loss benefits since you would be making less money than before your work-related injury. These benefits are known as temporary partial disability (TPD) benefits.

Here’s how TPD benefits work:

If your light-duty position pays less than 100 percent of your pre-injury average weekly wage, workers’ comp may pay two-thirds of the difference between the two amounts.
If your light-duty job pays the same or more than your regular wage, your wage-loss benefits may be suspended, but your medical benefits will continue.

This is why it’s important to carefully track your hours, pay rate, and job duties associated with any light-duty assignment.

Do you have to accept a light-duty job offer?

If you are offered a light-duty position that complies with your medical restrictions, refusing it could jeopardize your workers’ compensation benefits. The New York State Workers’ Compensation Board may determine that you voluntarily withdrew from the labor market, resulting in a suspension or reduction of wage-replacement benefits.

However, there are exceptions. You can decline light-duty work without penalty if:

The job exceeds your medical limitations
The duties are substantially different from what was described
The job creates health risks or worsens your medical condition
The employer did not make a good-faith effort to accommodate your restrictions

If your light-duty work is making your workplace injury worse or interfering with your recovery, you should not feel pressured to continue the assignment. Instead, you should immediately inform your treating physician and your attorney about your concerns.

How is your average weekly wage calculated?

Your average weekly wage (AWW) is a key figure in determining how much you’ll receive in workers’ comp benefits. In general, your AWW is calculated by averaging your gross wages for the 52 weeks prior to your injury.

If your light-duty job pays less than this amount, the difference becomes the basis for your partial disability payments.

Here’s an example:

Pre-injury AWW: You earned $1,200 per week before your injury
Light-duty wage: You receive $600 per week for light-duty work
Difference: You make $600 less per week than you did before your injury
Workers’ comp benefit: You would receive two-thirds of $600 or $400 per week on top of the $600 you earn performing light-duty work. As a result, you would receive $1,000 a week through a combination of workers’ compensation benefits and pay for light-duty work.

What if your employer doesn’t offer light-duty work?

Not all employers are willing or able to offer light-duty assignments. If your doctor says you can perform light-duty work but your employer doesn’t provide a job within your restrictions, you may still qualify for temporary partial disability benefits.

You may also be required to demonstrate that you are actively looking for work within your limitations, especially if your benefits are being challenged. A vocational counselor or workers’ compensation attorney can help guide you through this complex (and confusing) legal process.

What if the light-duty work is outside your skillset or unrelated to your job?

Under New York workers’ compensation law, a light-duty assignment doesn’t need to match your previous position in title or duties, but it must comply with your medical restrictions and be offered in good faith. Some employers may try to assign meaningless or demeaning tasks to push employees out or pressure them to quit.

If you believe your light-duty assignment is retaliatory or inappropriate, document everything and speak with your workers’ compensation attorney immediately. Your lawyer can review your light-duty work assignment and advise you on what to do next.

Can light-duty work become permanent?

Light-duty roles are intended to be temporary and only during someone’s recovery. However, if your condition becomes permanent and you can’t return to your original job, the employer may:

Offer you a permanent position in the light-duty role (if one exists), or
Decline to retain you and initiate separation or termination

In either case, you may be eligible for permanent partial disability (PPD) or vocational rehabilitation assistance through the workers’ compensation system. You could also have other legal options available, especially if your employer is acting in bad faith and attempting to terminate you without the legal right to do so.

How light-duty affects permanent disability claims

Successfully performing a light-duty job does not automatically prevent you from qualifying for a permanent disability award. The key factor is whether your injury has caused lasting physical limitations. Once your doctor determines you’ve reached maximum medical improvement (MMI), your workers’ comp claim will be evaluated for any permanent loss of function.

If your doctor assigns an impairment rating and you’ve lost earning capacity, you may still qualify for ongoing benefits based on that percentage, even if you continue in a light-duty role. These cases can be very complicated, which is why it’s important to talk with a workers’ compensation lawyer as soon as possible who understands how the system works, especially when it comes to MMI and ongoing benefit-related issues.

What are common disputes involving light-duty assignments?

Employers and insurance carriers may use light-duty assignments as a smokescreen to punish workers who are sick or injured due to their jobs. This is why conflicts often arise in such situations, including disputes involving:

Taking such actions in an attempt to reduce wage replacement costs
Pressuring employees to return to work before they’re ready
Challenging the legitimacy of a workplace injury
Claiming an employee refused a reasonable offer of work

These tactics can be intimidating, especially when you’re trying to recover. An experienced workers’ compensation lawyer can stand between you and an employer or insurer trying to manipulate the system to your disadvantage.

What to do if you’re offered light-duty work

If your doctor releases you for light-duty and you receive a light-duty work assignment, carefully consider your options before you automatically agree to do the job.

Review the job description carefully. Make sure it matches your doctor’s restrictions.
Talk to your doctor. Get written clarification on what you can and cannot do.
Keep detailed records. Track your hours, tasks, pain levels, and any problems you experience after starting light-duty work.
Report violations immediately. If you’re asked to do work beyond your limits, tell your supervisor and doctor right away.
Call a lawyer. If something feels off, trust your instincts and get legal advice.

How to protect your benefits

Keep in mind that you still have rights as a worker, especially when you’re recovering from a work-related injury and performing light-duty work. You have the right to:

Be treated with respect during recovery
Receive fair pay for your light-duty hours
Decline duties that exceed your medical restrictions
Appeal a denial, suspension or reduction in benefits

Even if your employer claims they have your best interests at heart, the workers’ comp system can be used against you. Without proper legal guidance, you could risk losing benefits that you’re legally entitled to receive and potentially be forced to do work that could harm you physically and financially.

Why you should talk to a New York workers’ compensation lawyer

Light-duty work can be a helpful stepping stone toward full recovery. But when used improperly, it can be a trap that cuts off your income and puts your health and recovery at risk. At Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP, we help injured New Yorkers navigate every stage of the workers’ compensation process – including disputes about light-duty job assignments.

As your New York workers’ compensation attorney, we can:

Review your work restrictions
Evaluate light-duty work assignment offers
Make sure your employer complies with state and federal labor laws
Protect your rights and fight back against retaliation or lost benefits

Contact us today to learn more about your legal options. We have 12 offices conveniently located in New York, including Manhattan, Brooklyn, Bronx, Queens, and Staten Island.

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