What are my rights if my employer offers light duty work after a workplace injury?

Light duty return-to-work offers are one of the most contested areas in New York workers’ comp. The rules cut both ways: you have an obligation to accept suitable work, but your employer has an obligation to offer work that genuinely fits your medical restrictions.

If your treating doctor has released you to work with restrictions — say, no lifting over 15 pounds, no prolonged standing — and your employer offers a position that stays within those exact restrictions, you are expected to return. If you refuse without a valid medical reason, the insurer can file to reduce your weekly benefits to reflect your refusal of available earnings.

But the offer has to be real. Employers sometimes create sham light-duty assignments — a “monitor the parking lot” job or a position that only exists while you are on workers’ comp. If the offered job exceeds your restrictions, is not actually available, or will not exist once your claim closes, those facts matter in a WCB proceeding.

Steps to protect yourself when a light duty offer arrives:

First, get the offer in writing. Second, have your treating doctor review the specific job duties against your restrictions — the doctor’s written response is critical evidence. Third, if the doctor says the job exceeds your restrictions, document that clearly and notify the insurer in writing.

Under NY Workers’ Comp Law §15, reduced earnings benefits are available if the light duty job pays less than your pre-injury wages. You receive two-thirds of the wage difference — so returning to light duty does not necessarily mean losing all income replacement.

If you feel pressured into a job that is making your injury worse, speak up. Your health comes before your employer’s convenience. Free consultation — no fee unless we win.