Understand your rights while on light duty
and how these restrictions can affect your
workers’ comp benefits in Charlotte
If you suffer an on-the-job injury or illness in Charlotte, it’s important to understand that workers’ compensation can provide benefits to cover your medical expenses and a portion of your lost wages during recovery, but what happens when a doctor says you can do “light-duty” work?
The rules around light duty can be confusing, leaving you wondering: Am I obligated to accept it? What if my employer refuses to offer me light-duty work?
This article will shed light on the laws surrounding modified work duty after an injury in North Carolina, providing you with the clarity you need during this difficult time.
Still have questions?
The experienced Charlotte workers’ compensation attorneys at Wilder Pantazis Law Group are here to help. Schedule a free consultation today to ensure you’re making informed decisions about your recovery and benefits.
What is light duty work?
In North Carolina, light-duty work refers to job duties or assignments that comply with the medical restrictions set by an injured worker’s authorized treating physician after a work-related injury, which means the duties should be tailored to accommodate your current abilities.
This type of work is typically less physically demanding than the injured worker’s usual job and may involve modified tasks that the injured employee can perform safely while they recover. The goal of light-duty work is to allow the worker to continue earning wages during their recovery period, while not aggravating their injury.
What is an example of light duty restrictions or modified work duty?
Examples of light-duty or modified work duties may include:
- Reduced physical effort. Tasks that require less physical strength, such as sorting paperwork or performing administrative tasks.
- Shorter work hours. A reduced work schedule to accommodate the injured worker’s energy levels and physical capabilities.
- Lifting restrictions. Limiting the weight the worker can lift or carry to avoid putting stress on the injured area.
- Limited standing or walking. Assigning tasks that involve minimal standing or walking for those with leg or back injuries.
- No overhead work. Avoiding tasks that require reaching overhead if the worker has a shoulder or upper back injury.
- No repetitive movements. Adjusting tasks to eliminate repetitive motions that could aggravate the injury.
- Reduced reaching or bending. Avoiding tasks that require frequent reaching or bending, especially for those with back injuries.
These types of restrictions aim to accommodate a worker’s recovery while allowing them to continue earning wages within their capabilities, benefiting both the employer and the worker.
Returning to Work After an Occupational Injury or Illness in North Carolina
How might returning to work impact your workers’ compensation benefits?
What is considered a light job?
In North Carolina, the types of jobs that might be considered light duty will vary according to the specific restrictions ordered by the injured workers’ doctor, but could include the following:
- Administrative work. Filing, answering phones, scheduling appointments, and data entry.
- Inventory management. Counting stock, organizing shelves, or overseeing inventory databases.
- Tool management. Checking out tools or equipment to employees, maintaining tool logs, and overseeing tool storage.
- Receptionist duties. Greeting visitors, directing them to appropriate staff, and maintaining a visitor log.
- Documentation tasks. Shredding documents, collating printed materials, or preparing outgoing mail.
- Quality checks. Inspecting products for quality, ensuring safety standards, or doing routine checks on equipment.
- Training support. Assisting in training new hires or employees by providing guidance and answering questions.
- Research tasks. Conducting online research, gathering market data, or compiling information for reports.
- Customer support. Making customer service calls, responding to customer inquiries, or conducting surveys over the phone.
These types of tasks, if available, can often allow injured employees to stay productive while complying with their medical restrictions during the recovery process.
Do I have to accept light duty work in NC?
Yes, according to §97-32 of the North Carolina Workers’ Compensation Act, if an injured employee refuses suitable job duties, they will not receive compensation while they refuse to work, unless the refusal is justified in the opinion of the Industrial Commission.
If the Commission suspends compensation due to an unjustified refusal, it will outline steps the employee should take to lift the suspension and resume receiving compensation.
What happens if my employer cannot accommodate work restrictions in NC?
If you haven’t reached maximum medical improvement (MMI), the point at which your doctor determines your condition is unlikely to improve, and your employer cannot or refuses to provide work within your restrictions, you will be eligible for temporary total disability (TTD) benefits through workers’ compensation.
Also known as wage loss or indemnity benefits, these provide a portion of your lost wages while you recover and are unable to perform your regular job.
What should I do if my employer assigns me tasks that go against my work restrictions?
If your employer assigns you tasks that go against your work restrictions, take the following steps to protect your health and your rights:
- Communicate with your employer. Inform your employer or supervisor about your concerns, referencing your work restrictions from the authorized medical provider.
- Provide documentation. If possible, provide a copy of the medical documentation that outlines your restrictions to your employer to ensure there’s no misunderstanding of your specific limitations.
- Contact your doctor. Reach out to the authorized treating physician managing your care to inform them of the situation so you can get verification that the duties fall outside of your restrictions.
- Contact an attorney. If your employer continues to assign unsuitable tasks despite the restrictions, consult a local workers’ compensation attorney who can help you take steps to protect your rights and ensure you receive the appropriate accommodations.
Does my employer have to hold my job while on workers’ comp in NC?
In North Carolina, private-sector employment is generally “at will,” meaning an employer can terminate an employee for any reason, with a few exceptions, including discrimination or retaliation based on factors like age, sex, disability, race, or religion.
The North Carolina Retaliatory Discharge Act (REDA) prevents employers from firing, demoting, or relocating employees in retaliation for filing a workers’ compensation claim. However, since North Carolina follows at-will employment rules, your employer can legally terminate you for other reasons, such as if you can no longer perform your essential job duties after reaching MMI.
However, in cases where an injury significantly impacts a worker’s ability to return to their previous role, they may be eligible for vocational rehabilitation benefits. These benefits assist with job retraining and provide resources to help them find employment that aligns with their new physical limitations.
By supporting the transition into a role that accommodates their abilities, vocational rehabilitation aims to ensure that injured workers can continue to earn a livelihood despite their changed circumstances.
Taking a Vacation While on NC Workers’ Comp:
What You Need To Know
Find out how taking a vacation while receiving workers’ comp benefits could impact your claim in Charlotte.
Need help with your NC workers’ comp claim? Get help from an experienced Charlotte work injury attorney!
If you’re facing challenges after filing a claim or navigating the complexities of light-duty work, it’s essential to have knowledgeable legal guidance by your side. With more than 85 years of combined experience, the skilled Charlotte workers’ compensation attorneys at Wilder Pantazis Law Group are here to help you understand your rights and advocate for the compensation you deserve.