Your employer can’t force you to work light duty after a work injury in Illinois if the light duty exceeds your medical restrictions. However, refusing an employer’s light-duty offer that aligns with your medical restrictions could result in the loss of your workers’ compensation payments for temporary disability. You also risk losing your job. It’s important to seek legal advice from a workers’ compensation lawyer if you’re unsure about accepting a light-duty assignment.
Call 312-263-7560 to schedule a free consultation with the experienced Chicago workers’ compensation lawyers at DePaolo Zadeikis & Pino, LLC.
Can an Illinois Employer Require You to Work Light Duty After an Injury?
An Illinois employer can require you to work light duty after a work injury if the position aligns with your doctor’s prescribed medical restrictions. Declining the position could lead to the loss of some of your workers’ comp benefits and even your job.
When recovering from a work injury, the authorized treating physician may release you to light-duty work with restrictions, such as not lifting products over a particular weight, avoiding repetitive motion, and limits on how long you can stand. When the doctor releases you to light duty, your employer will need to evaluate the possibility of accommodating the restrictions.
If the employer offers light-duty work that accommodates your medical restrictions, it’s in your best interest to accept it. If you fail to accept and attempt the job, you’ll likely be denied temporary disability benefits through workers’ compensation. Refusing such an offer could also be viewed as refusing work. Consequently, you could face disciplinary action or termination.
It’s always advisable to accept light duty that’s within your restrictions. If you feel pressured or uncertain about the suitability of the light-duty offer, consult a workers’ compensation lawyer.
How Do Illinois Workers’ Compensation Rules Apply to Light-Duty Assignments?
The Illinois Workers’ Compensation Act protects workers who suffer work-related injuries, including those on light-duty assignments. These workers’ compensation laws prevent employers from taking adverse actions against employees for filing claims or collecting benefits. According to the Bureau of Labor Statistics, 101,400 nonfatal work-related injuries and illnesses were reported by private industry employers in Illinois in 2023.
In Illinois, employers are required by law to have workers’ compensation insurance, which provides you with medical benefits and wage replacement when you suffer a workplace injury. Workers’ comp light-duty rules in Illinois don’t require employers to provide light-duty work to injured workers. Nevertheless, most employers are subject to the Americans with Disabilities Act (ADA), which requires employers to offer reasonable accommodations that are consistent with medical restrictions.
Under Illinois law, when you suffer a work injury and temporarily can’t work at all, you are entitled to receive Temporary Total Disability (TTD) benefits. These are equal to two-thirds of the average weekly wage you earned before your work-related injury. They last until you’re able to return to light-duty or regular work.
Your eligibility for temporary disability benefits depends on how much you get paid in your light-duty position. When you accept a light-duty position that pays the same or a higher wage than your pre-injury work, you won’t be eligible for temporary disability payments. If the light-duty position pays less or results in diminished working hours, you’re generally eligible to receive Temporary Partial Disability (TPD) benefits. These cover two-thirds of the difference between your previous earnings and current reduced earnings. If an employer offers a suitable light-duty position and an employee refuses, payment of TTD benefits is likely to be stopped.
What Happens If You Cannot Perform the Light-Duty Work Offered?
If you can’t perform the light-duty work offered, you should notify your supervisor or manager about your difficulties, see your doctor for medical reevaluation, and document your symptoms and the problematic tasks. It may also be necessary to consult a workers’ compensation lawyer.
Light duty after a work injury can present an opportunity to resume regular job duties while recovering. However, upon accepting light duty, you may find that your injuries worsen or prevent you from performing the light-duty tasks offered. Some employers may offer light-duty work, but end up giving you some tasks that exceed your restrictions. The following steps will help you protect your health and how long workers’ comp lasts after an Illinois light-duty work injury.
Notify Your Employer
You should notify your supervisor or manager of your symptoms and the specific tasks you’re struggling to perform. If your light-duty job falls outside your restrictions, remind your employer of the prescribed medical restrictions. Your employer may assign you different duties without you having to take further action.
Document Everything
Keep detailed records of the specific tasks that cause pain, your symptoms, and limitations. Keep a daily journal to document the tasks you performed, your symptoms and pain levels, and the responses of your supervisor or manager. Make sure you keep copies of communications with your employer. If there are any tasks that exceed your restrictions, be sure to document them. You can take photos of assignments, schedules, or equipment that demonstrate the violation of your light-duty restrictions.
Request a Medical Reevaluation
It’s critical to request a follow-up appointment with the treating physician if your light-duty work causes pain or worsens your condition. Explain to your doctor how your injury affects your ability to perform your current light-duty work. Your doctor may reevaluate your condition and tighten up your restrictions or temporarily remove you from work duties, making you eligible to resume TTD benefits.
Consult a Workers’ Compensation Lawyer
You should consult a workers’ compensation attorney if you have questions or there’s a dispute, such as violations of your limitations, delay or denial of benefits, and retaliation against you. An attorney will evaluate your case and determine the best steps to take. A work injury attorney in Illinois can also represent you at hearings and help you negotiate and approve a workers’ comp settlement that truly reflects your medical costs, lost wages, and future treatment needs. Working with a legal professional helps you solve any problems with your claim and secure the full benefits you’re entitled to, even as you recover.
The DePaolo Zadeikis & Pino workers’ compensation lawyers have more than 70 years of combined experience securing the appropriate benefits for countless injured Chicago workers. Contact us for a free consultation about your case.
Frequently Asked Questions About Light Duty After a Work Injury
Can My Employer Legally Mandate Light-Duty Work After a Job-Related Injury in Illinois?
In Illinois, your employer can mandate light-duty work if your doctor releases you to light duty with restrictions and the employer offers work that accommodates those specific restrictions. Refusing a light-duty offer that complies with your doctor’s orders could be considered job abandonment.
What If My Doctor Disagrees With the Light-Duty Tasks My Employer Assigns?
If your doctor disagrees with the light-duty tasks your employer assigns, you should communicate the doctor’s orders to your employer. Your doctor’s restrictions should take precedence. In such situations, legal advice from an experienced workers’ compensation lawyer will help protect your rights and benefits.
Will Refusing Light-Duty Work Affect My Workers’ Compensation Benefits?
Refusing light-duty work that aligns with your medical restrictions could affect your workers’ compensation benefits. You could lose your temporary disability benefits in workers’ comp in Illinois.
