Trauma and stress from a workplace injury can be compounded when navigating complex paperwork and confusing demands from your employer. A light duty offer from your employer might seem like a good way to ease back into work, but it’s important to consider it carefully to protect your health and financial security.
At Nappa, Monterosso & Poznansky, LLP, our Staten Island workers’ compensation lawyers have provided dedicated legal representation to clients in the greater New York City area for decades. Here, we help you understand your rights as an injured worker and explain how accepting or rejecting light duty offers in NY may impact your case.
Key Takeaways
- Partial payments—Returning to a light duty role allows you to receive partial workers’ compensation payments based on your reduced earnings.
- Potential loss of benefits—If you decline a light duty job that complies with your doctor’s restrictions, your wage replacement benefits could be terminated.
- Medical evidence is crucial — If there’s a dispute over your physical limitations, a Functional Capacity Evaluation (FCE) and supporting statements from your doctor can make or break your case.
- A lawyer can protect your rights—If you want to challenge an unsuitable job assignment or FCE result, consulting a Staten Island workers’ compensation attorney is essential.
Understanding Light Duty Work Under NY Workers’ Compensation Law
In New York, “light duty” refers to a job modification or a new role that allows you to return to the workplace, and is intended to facilitate an injured worker’s recovery and minimize wage loss. This work must strictly adhere to the specific restrictions set by your treating physician.
Common Light Duty Restrictions
Each case is unique, and restrictions are based on your specific injury and limitations. Some common types of light duty restrictions include:
- Lifting and carrying restrictions—These limits are often stated as something like “No lifting over five pounds.”
- No overhead work—No reaching above shoulder level.
- Restrictions on prolonged standing or sitting—This may require an injured worker to alternate between sitting and standing or take frequent breaks.
- Avoidance of repetitive motions—Tasks like typing, using vibrating tools or working on an assembly line may be prohibited.
- Posture constraints— No bending, kneeling, stooping or squatting.
- Restricted hours—In some cases, an employee may have to follow a temporary part-time schedule.
How Light Duty Affects Your Workers’ Compensation Benefits in New York
Working Without Losing Benefits
The good news is that you can work light duty or part-time without losing your workers’ compensation medical coverage and cash benefits. If a light-duty job pays less than your average pre-injury wage, you are still entitled to partial wage replacement benefits.
How Light Duty Benefits Are Calculated
When you return to a lower-paying light-duty job, your benefits are calculated based on your reduced earning capacity. The benefit rate is generally two-thirds (2/3) of the difference between your average weekly wage before the injury and the wages you are currently earning in your light-duty role.
Example of Partial Benefit Calculation:
- Pre-injury Average Weekly Wage (AWW): $900.00
- Current Light-Duty Weekly Wage: $500.00
- Difference (Reduced Earning Capacity): $400.00
- Weekly partial workers’ compensation benefit: $400 x 2/3 = $266.67
- Total Weekly Income: $500.00 + $266.67 = $766.67
Although you are entitled to these benefits, an insurer may try to pay you less than you deserve. Our workers’ compensation lawyers near you in Staten Island can ensure your pre-injury wage and the difference are calculated correctly so you get the full amount of cash benefits you’re entitled to receive.
What Happens if I Reject Light Duty Work?
If your employer offers you a light duty position within your prescribed limitations and you refuse it, the insurance carrier may ask the Workers’ Compensation Board to suspend your benefits. Unless you have clear, compelling evidence from a medical provider that states the light duty job exceeds your limitations, your financial lifeline could be cut off.
If you believe you can’t perform the light duty work that’s offered to you, your workers’ compensation attorney can immediately challenge the suitability of the job description or the validity of the offer itself. We can review the job details to determine if it truly matches the restrictions set by your physician and advocate on your behalf to prevent the insurer from prematurely ending your benefits.
When Doctors and Insurers Disagree
Disputes often arise when your employer or their insurer challenges your doctor’s assessment of your restrictions, and you may have to undergo a Functional Capacity Evaluation (FCE). The FCE is an objective, multi-hour assessment that determines your physical capabilities and limitations. Its results can be a deciding factor in your claim. An FCE can be requested by employer, the insurance company, your doctor, or your attorney.
How Does an FCE Work?
In New York, an FCE is performed by a licensed physical or occupational therapist. It objectively measures your physical capabilities, such as your ability to lift, carry, stand, sit, and bend, and compares these abilities against the requirements of the light duty job you’ve been offered.
If the FCE proves the job is beyond your capacity, the WCB will typically side with the FCE result over the employer. If the FCE shows that you can perform the work, the insurance company will use that as grounds to terminate your benefits if you decline the light duty job.
Our skilled Staten Island workers’ compensation lawyers can challenge the results of the FCE by arguing that it was improperly administered or the FCE provider was biased. Your attorney can take swift action to keep the insurance company from ending your benefits and assist with appeals if necessary.
What Evidence Do I Need if I Refuse Light Duty?
Your lawyer works with your treating doctor to ensure they submit a strong medical opinion that directly contradicts the FCE findings. The treating physician’s report must clearly state why the FCE’s conclusions about your capacity are wrong and why the tasks outlined in the light-duty job description would exceed your current physical limitations or actively impede your recovery. We may also arrange for you to undergo a second FCE with a different provider.
We take your employer’s official, written job description and compare it side-by-side with your doctor’s restrictions to show the specific conflict. We ensure that any medical evidence clearly demonstrates your limitations and your doctor’s report contains specific language that backs up your claim and adheres to the WCB’s strict standards. Because challenging these technical medical reports involves strict WCB procedures, it’s essential to have experienced legal representation you can trust.
Why Choose Our Staten Island Workers’ Compensation Lawyers?
- Focused knowledge and experience—Our practice areas include only workers’ compensation claims and Social Security Disability cases in the greater NYC area. Our track record of success and reputation for exceptional service give our clients a distinct advantage.
- Local results—Nappa, Monterosso & Poznansky, LLP is the largest workers’ compensation law firm in Staten Island. As native Staten Islanders, we understand the complex inner workings of local courts, the WCB, and Social Security Administration (SSA) offices.
- Client-first communication—We ensure that every client receives clear counsel and dedicated attention from their lawyer and our staff. Partner and attorney, Rolando Cubela is fluent in Spanish and provides direct, compassionate guidance to our Spanish-speaking clients.
- Contingency fee structure—We believe everyone deserves affordable legal representation. You pay no upfront costs and won’t owe attorneys’ fees unless we successfully secure benefits for you. Fees are regulated by the New York Workers’ Compensation board and the SSA.
Contact a Workers’ Compensation Attorney Near You in Staten Island
Deciding whether to accept a light duty offer in NY after a work injury can be a stressful process. Let Nappa, Monterosso & Poznansky, LLP, take the weight off your shoulders. Contact us or call 718-273-9000 today to schedule a free consultation with a workers’ comp lawyer near you in the greater New York City area.
