4 minute read
The Importance of Light Duty Work
from wph
Mark J. Goodman
One of the main components in workers’ compensation claims is the ability and willingness of the employer to return an injured employee to light duty work, as well as the motivation of the employee to return to suitable work. The importance of light duty work in workers’ compensation claims should be viewed from both the employee’s and the employer’s perspective.
The Employee
The initial thought is many employees would prefer not to return to work (light duty or regular duty) and would simply rather settle their case. However, for those employees who wish to return to light duty, this can be beneficial for their physical recovery. They are not sitting at home focusing on their injury and/or their medical treatment. Rather, they are now focusing on a return to actual work. They are interacting with co-workers and are back on a regular schedule of returning to work every day. From a medical standpoint, this is a much better perspective than sitting at home.
Light-duty work can also help the employee financially. They can earn closer to their pre-injury wage, if not their full wage, by returning to light duty work. Even if they are not working the same number of hours as before, the employee could be entitled to temporary partial benefits, which can increase their weekly income, and certainly would be more than temporary total benefits.
Additionally, accepting light duty work can help an employee from a medical standpoint. It keeps their doctors involved and up to date in their claims by having to analyze and approve light duty positions, giving goals to the employee for a progression to return to work, and is rehabilitative, as compared to palliative where an employee simply sits at home. Light duty work allows the employee to see what they can do physically, and to push forward for a full medical recovery. Offering light duty demonstrates to both the injured employee and fellow workers that they are a valued part of the company and allowing a return to work keeps all employees motivated.
Finally, a return to light duty work, from the employee’s perspective, could certainly help them if they are interested in a settlement. It shows the employer they are willing to work, even if the light duty work may be for a long period, or even permanently. Rarely does an employer want to provide permanent long-term light duty. This will put pressure on the employer to resolve the claim fairly and reasonably.
The Employer
The employer can also reap significant benefits by offering suitable light-duty work to an injured employee. First and foremost, it reduces the employer’s indemnity exposure. By having an employee return to work, the employer is paying wages, not temporary total benefits, and they are paying for work to be done, not for an employee to be sitting at home doing nothing. It also sends a message to the employee that more is expected of him or her than to stay at home.
Second, it is good for the morale of the employer and fellow employees. Many employees could be disgruntled knowing that their fellow employee, who was injured on the job is sitting at home while it is clear they can perform light duty work. An employer who provides suitable light duty work (and not make up work), demonstrates to other employees that the employer is willing to take the extra step to bring the injured employee back to work, which improves morale for all employees. Moreover, in this day and age of a staffing shortage, providing modified work can stabilize the employer’s workforce, and avoid the need to hire temporary workers to fulfill a position that an injured employee can fill.
Finally, and most importantly, the provision of light duty work creates leverage for the employer to settle a case. Many employees, while professing a desire to return to light duty work, in reality simply want to resolve their case, and exit the workers’ compensation system altogether. By having light duty work, it allows an employer to put pressure on the employee to resolve their case because otherwise, their choice is to return to light duty work, which many do not want to do, or receive a lump sum and move on with their life. It is important for an employer to have a light duty program that is consistently offered to all injured employees to reduce the life of their workers’ compensation claims and to reduce the employer’s exposure.
