Light Duty Work in NC Workers’ Comp: Do You Have to Take the Job Offered?

Light Duty Work in NC Workers’ Comp: Do You Have to Take the Job Offered?

Light Duty Work in NC Workers’ Comp: Do You Have to Take the Job Offered?

Getting hurt at work raises many questions about returning to work. Many injured workers in North Carolina get light-duty offers from their employers while they’re still recovering.

These offers can be confusing, especially if you’re still in pain or healing from a workplace injury.

You don’t have to accept a light-duty job if it goes beyond the medical restrictions your doctor set. 

But if you refuse work that fits within those restrictions, your workers’ compensation benefits could get reduced or even stopped.  (Before refusing work, it is a very good idea to consult with an attorney.)

The North Carolina workers’ compensation system expects injured workers to return to appropriate work when they’re medically able. 

Knowing what counts as suitable employment—and when you can say no—really helps protect your rights and your income.

The rules around light-duty work in workers’ comp cases affect whether you keep receiving benefits after a work injury. Knowing your options before responding to your employer can seriously impact your workers’ compensation claim.

Key Takeaways

  • Light-duty work must fit within your doctor’s medical restrictions, or you can refuse it without losing benefits.
  • If you refuse suitable light-duty work that matches your restrictions, your workers’ comp payments might get reduced or stopped.
  • Talking to a North Carolina workers’ compensation attorney before you accept or refuse light duty can protect your rights and benefits.

What Is Light Duty Work In North Carolina Workers’ Comp?

What Is Light Duty Work In North Carolina Workers' Comp?

Light-duty work refers to modified job assignments that accommodate a worker’s medical restrictions after a workplace injury. These temporary positions let injured employees return to work while they recover, earning wages that align with their physical limitations.

What “Light Duty” Usually Looks Like

Light-duty assignments really depend on the worker’s restrictions and what positions the employer has open. Typical examples? Desk work, answering phones, filing, or watching security cameras.

Light-duty work is a supportive strategy to help employees stay employed during recovery. You might sort inventory while seated, do data entry, or handle light cleaning that avoids heavy lifting or repetitive motions.

The job usually has fewer physical demands than your regular role. An injured construction worker might end up in the office, while a warehouse employee could shift to quality control with minimal standing or walking.

How Light Duty Is Supposed To Match Your Restrictions

Doctors set specific work restrictions based on your injury and recovery. These include weight limits, less standing, or avoiding certain movements, such as bending or reaching overhead.

In North Carolina, workers have to give these restrictions to their employer. If the employer can accommodate them, they should provide a written job description and send it to your doctor to make sure the job is actually suitable.

The physician reviews the job description to determine whether it meets your restrictions. This step protects you from assignments that could make your injury worse or slow your healing.

Why Employers Offer Light Duty Jobs

Employers want to keep experienced workers on the job rather than pay full disability benefits. The North Carolina Industrial Commission encourages employers to offer light work duties after injuries.

Light-duty programs lower workers’ compensation costs for businesses. When injured employees return to modified work, employers pay less in wage-replacement benefits than they would for full disability.

These arrangements also help keep the workplace running and maintain connections between workers and coworkers. Staying in touch with your job during recovery can make returning to regular duties smoother later.

Morrison Law Firm helps injured North Carolina workers make wise choices about light-duty jobs, wage checks, and medical restrictions. If you’re unsure about an offer, contact us today.

If you’re ready to get started, call us now!

Do You Have To Take The Light Duty Job Offered In An NC Workers’ Comp Case?

Do You Have To Take The Light Duty Job Offered In An NC Workers' Comp Case?

In North Carolina, you generally have to try a light-duty job if it is truly within your medical restrictions and considered suitable work. 

If you refuse suitable work without a good reason, your weekly workers’ comp checks can be suspended. Under North Carolina law (N.C.G.S. § 97-32), an injured worker who refuses “suitable employment” as defined in § 97-2(22) can lose wage replacement benefits for as long as the refusal continues.  Prior to your being declared by your doctor to be maximum medical improvement (MMI), the employer can offer you a “make-work” position.  This can be almost anything, and prior to MMI, it does not have be be suitable employment.  Sometimes the employer will try to punish you legally by giving you a “crappy” job to perform.

The Basic Rule Under North Carolina Workers’ Comp

If your employer offers light-duty work that matches your medical restrictions, you’re generally expected to accept it. The employer should give your doctor a written job description so your doctor can confirm it’s safe for you.

If your doctor says the light-duty job fits your limits, you’re expected to take it. This applies whether it’s your old job with changes or a totally different role in the company.

If the light-duty job pays less than you earned before, you can still get temporary partial disability benefits. These make up part of the wage difference while you’re working in the restricted job.

What “Refusing A Job” Looks Like In Real Life

Refusal isn’t always about saying “no” directly. If you just don’t show up for the light-duty position without a good reason, that’s considered a constructive refusal.

Some workers refuse because they think the job goes beyond their restrictions or wasn’t approved by their doctor. Others feel the position is designed to push them out rather than actually accommodate their injury.

Common refusal scenarios include:

  • Not showing up on the scheduled start date
  • Quitting the light-duty job after a few days
  • Telling the employer you can’t or won’t do the work
  • Ignoring messages about the job offer

Each case is evaluated based on its specific details and whether the refusal was reasonable under the circumstances.

Why Saying “No” Can Affect Your Weekly Checks

The employer can ask a workers’ comp judge to modify or stop your benefits if you refuse suitable light-duty work. They do this by filing a formal motion with the North Carolina Industrial Commission.

If the Industrial Commission decides the job offer was appropriate and fit your medical restrictions, your weekly checks might get reduced or stopped altogether. You lose your right to wage replacement benefits for the time you refused to work.

Medical benefits usually continue even if wage benefits are suspended. Workers’ comp insurance still pays for approved treatment related to your injury.

If you think a light-duty offer isn’t suitable, you should talk to a workers’ compensation attorney before refusing. An attorney can check if the job really fits your restrictions and help you decide what to do next.

What Counts As “Suitable Employment” For Light Duty In North Carolina?

Suitable employment in North Carolina workers’ comp means a job that fits your medical restrictions, skills, and situation under state law. 

Before you’re fully healed (at “MMI”), suitable light duty mainly means any work within your restrictions; after you reach maximum medical improvement, it must also be a realistic job in the regular job market.

Suitable Work Before You Reach Maximum Medical Improvement (MMI)

Before you reach maximum medical improvement, suitable work mainly means any job you can safely do within your medical restrictions. 

Often that takes the form of a modified or temporary job with the employer where you were hurt, including “rehabilitative” or noncompetitive positions approved by your workers’ comp doctor.

In practice, most pre-MMI light-duty jobs are offered directly by the employer where you were injured. If another company or a staffing agency is involved, whether that position counts as “suitable employment” depends on your restrictions and the specific facts of the offer.

Suitable Work After You Reach Maximum Medical Improvement

The rules get broader after you reach maximum medical improvement. At this point, doctors say your injury has healed as much as it’s going to.

Jobs offered after reaching MMI don’t have to be with your old employer. Any employer can provide you with suitable work. The job still has to match your medical restrictions and abilities.

After you reach maximum medical improvement, a job must also be located within about a 50-mile radius of your home (with some exceptions) to be treated as suitable employment.

Weekly compensation checks can stop if you refuse suitable employment after MMI. 

“Make-Work” Jobs Vs Real Jobs

Employers can’t just create fake jobs to stop your benefits. The job has to be real work that actually helps the business.

Management needs to give accurate descriptions of what the job really requires. Workers often know the real demands better than supervisors. A job called “light duty” can’t secretly require heavy lifting or tasks beyond your restrictions.

The work should be a genuine position with meaningful duties, not a fake assignment created just to cut off your checks. 

Very short-term or erratic schedules can be a red flag, especially after you reach maximum medical improvement. They may raise questions about whether the job really counts as suitable employment.

When Can You Reasonably Refuse Light Duty In North Carolina?

You may be able to refuse light duty in North Carolina if the job clearly breaks your medical restrictions or isn’t truly suitable, but you need solid proof and should get legal advice first. 

Refusing a job just because you dislike it or because you prefer to stay on checks is rarely considered a good reason.

When The Job Breaks Your Medical Restrictions

If a job’s requirements go beyond your medical restrictions, you have valid grounds to refuse the light-duty offer. For example, if your doctor says you can’t lift more than 10 pounds, but your employer wants you to handle 25-pound boxes, you can say no and keep your benefits.

The restrictions must be issued by your treating physician and clearly documented. Sometimes, employers offer jobs that sound good on paper but actually break your restrictions once you start.

Take a close look at every job duty and compare it to your specific limitations. Pay attention to things like:

  • Lifting and carrying limits
  • Standing or sitting requirements
  • Repetitive motion restrictions
  • Environmental limitations (temperature, chemicals, noise)

If any part of the job goes against your doctor’s orders, you can refuse it. It’s up to your employer to find work that really fits your restrictions—not just on paper, but in reality.

When Your Doctor Never Saw The Job Description

Your doctor should review and sign off on the exact job you’re being offered. A general “light duty” release doesn’t mean your doctor approves every position your employer suggests.

Bring the written job description (perhaps from your personnel file or the company handbook) to your treating physician and ask for a formal review. The doctor needs to know the actual duties, physical demands, and working conditions.

If your employer tries to rush you into a new job before your doctor has reviewed it, you can refuse. Doctors need all the details to decide if a job matches your restrictions.

Some employers get vague or leave out tough tasks in the description. Always ask for a detailed, written job description that spells out every responsibility.

When The Job Is Too Far Or Not Realistic

Distance and practicality matter when evaluating light-duty offers. If your old job was nearby and the “light duty” is now hours away, it may not be reasonable or truly suitable, especially once you’ve reached maximum medical improvement.

You can refuse jobs that create real hardship, like:

  • Long commutes that make your injury worse
  • Hours that clash with your medical appointments
  • Pay that is much lower than before, combined with other problems like distance or duties outside your restrictions
  • Jobs that aren’t real positions

Would a reasonable person in your shoes find the offer acceptable? If the job seems designed to embarrass or punish you, it’s not a legit light-duty position.

If the job changes your shift to nights, and you have a young child at home, there is case law that says this work is not suitable for you.

Reasons That Usually Do Not Work

Personal preferences rarely justify refusing light duty. If you just don’t like the supervisor or want different hours, that’s not enough to keep your benefits.

You can’t refuse a job just because it:

  • Pays less than your old job
  • Has different tasks
  • Requires you to learn something new
  • Puts you in a new department

If the job fits your medical restrictions, you usually have to take it or risk losing compensation. Minor annoyances or bruised egos aren’t valid reasons to say no.

The work must actually break your medical orders or create real hardship. If you refuse a suitable light-duty job, you could lose your benefits entirely.

If a “light-duty” job from your employer doesn’t feel safe or fair, let Morrison Law Firm review the description, your restrictions, and your benefits—schedule a consultation now.

If you’re ready to get started, call us now!

What Happens If You Refuse A light-duty job in North Carolina?

If you refuse a light-duty job that’s later found to be suitable, the insurance company can ask to suspend your weekly workers’ comp checks. 

The North Carolina Industrial Commission decides if your refusal was reasonable or if your benefits should stop until you cooperate.

How Your Employer Tries To Stop Your Benefits

When you turn down a light-duty offer, your employer or their insurance company usually files a Form 24 motion with the North Carolina Industrial Commission to cut off your benefits. 

They have to show that the light-duty job fits the restrictions set by your doctor.

The insurance company will claim the job was suitable for your abilities. Refusing light duty often leads to lost workers’ comp payments—the system doesn’t pay people who could work but choose not to.

Your employer submits paperwork that shows the job description, pay, and your doctor’s approval. 

They try to prove you could handle the job. The Industrial Commission reviews this documentation if there’s a dispute.

What The North Carolina Industrial Commission Looks At

The Industrial Commission looks at several things when deciding if your benefits should be suspended. They check if the light-duty job really fits the medical restrictions your doctor set.

They consider:

  • Does the job respect your physical limits?
  • Is the pay reasonable compared to your old wages?
  • Was the offer genuine and made in good faith?
  • Did you have a valid reason to refuse?

The Commission checks if the employer gave your doctor the job description for review. They also want to know if the position was real or just made up to cut off your benefits.

Things like distance from home, work hours, and whether the job aligns with your experience can matter, too.

How You Might Get Your Checks Started Again

You can file a Form 33 requesting a hearing with the Industrial Commission if your benefits get cut off. You’ll need to show why the light-duty offer wasn’t suitable or why you couldn’t accept it.

Some valid reasons:

  • The job broke your medical restrictions
  • Your doctor didn’t approve it
  • Your employer misrepresented the job
  • You couldn’t get there due to transportation issues

Medical evidence is key here. If your doctor writes a new note explaining why the job doesn’t fit, that can help you get your benefits back. If you prove the job broke your restrictions, you might even get back pay for the time your checks stopped.

This whole process can drag on for months. Keep records of everything—job offers, emails, doctor notes—just in case.

What To Do When You Get A Light-Duty Job Offer

When you get a light-duty job offer in North Carolina, you should get the offer in writing, have your workers’ comp doctor review it, and raise any problems in writing. 

Before you refuse, it’s smart to talk with a workers’ comp lawyer to avoid accidentally losing your benefits.

Ask For The Light job Offer In Writing.

Always get a written job offer that spells out the details. The written offer should include the role, hours, pay, and physical demands for the light-duty job.

If you rely on a verbal offer, things can get messy. Written records protect both sides and make it clear what was offered and when.

Look for details like job title, work schedule, pay rate, and location. Make sure it lists all physical requirements—lifting, standing, walking, repetitive motions, and so on. Without this info in writing, it’s tough to know if the job really fits your restrictions.

Have Your Workers’ Comp Doctor Review The Job

Bring the written job offer to your workers’ comp doctor. Ask them to compare the job requirements with your current restrictions.

Your doctor is the only one who can say if the light-duty job is safe for your injury. They might approve it, change your restrictions, or tell you not to take it at all.

This review creates essential documentation for your claim. If your doctor says the job doesn’t fit, get that in writing—it’ll matter if you have to refuse the offer.

Compare The Job To Your Current Restrictions

Review the light-duty job and confirm it aligns with your doctor’s orders. Check each restriction against the job duties in the offer.

For example, if you can’t lift more than 10 pounds but the job requires lifting 15-pound boxes, that’s a problem. The same goes for standing, bending, reaching, or anything else your doctor has limited.

Things to check:

  • Lifting and carrying weight
  • How long do you have to stand or sit
  • Repetitive motions
  • Environmental stuff—temperature, noise, chemicals
  • Using stairs or ladders

List any conflicts between your restrictions and the job. You’ll want this if you need to talk things over with your employer or lawyer.

Put Questions And Concerns In Writing

Document every conversation about the light-duty offer. Send emails or letters—don’t just rely on phone calls or hallway chats.

If the job description leaves out details, ask for clarification in writing. Questions about pay, schedule, how long the job lasts, or what you’ll actually be doing should be answered in writing. This paper trail can save you later.

If you spot something that doesn’t work, let your employer know in writing. Be specific but not combative. For example, if the job requires you to stand for 8 hours but your restriction limits it to 4, point that out.

Talk To A North Carolina Workers’ Comp Lawyer Before You Refuse

Before you say no to any light-duty offer, talk to an experienced attorney. Refusing light duty can mess with your benefits and get complicated fast.

A lawyer can look over the job offer, your restrictions, and your benefits to help you decide if you should refuse. Some offers are fishy or meant to cut off your checks, but others are legit ways back to work.

Your lawyer can also help negotiate better terms or work with rehab services to find something that actually works for you. 

It’s worth it—making the wrong move here can have serious financial fallout. Most workers’ comp lawyers do free consultations for these situations.

When To Call A North Carolina Workers’ Comp Lawyer About Light Duty

You should talk to a North Carolina workers’ comp lawyer about light duty if you’re unsure whether a job is safe, your employer ignores your restrictions, or your checks are at risk of being stopped. Getting advice early can protect both your health and your benefits.

Warning Signs You Need Legal Help

If your employer offers light-duty work that feels off or doesn’t match your doctor’s restrictions, call a workers’ compensation attorney. If the job seems to go beyond what your doctor allowed, get legal advice right away.  Call an attorney, and hope you haven’t waited too long to get the attorney involved.

When an employer pushes you to accept light duty without the right paperwork or medical approval, that’s a bad sign.   Call an attorney immediately.

The same goes if they threaten to cut your benefits for refusing a job that your doctor hasn’t cleared.

Other warning signs include:

  • The employer offers much lower pay but doesn’t explain partial disability benefits
  • The company invents a “job” that doesn’t really serve any purpose
  • Management hints that you should look for work somewhere else
  • The employer retaliates after you question the light-duty assignment
  • Your benefits get reduced or stopped with no clear reason

If the light-duty job doesn’t fit your medical restrictions, talk to a lawyer before you accept. An attorney can check whether the offer actually complies with North Carolina workers’ compensation law.

How A Local Workers’ Comp Lawyer Can Protect You

A workers’ compensation attorney looks over light-duty job descriptions to make sure they match what your doctor says you can do. 

They also check if your employer actually sent that job description to your treating physician for approval, which is something North Carolina law expects.

Legal representation helps you figure out your rights to temporary partial disability benefits, especially if light duty pays less than what you made before you got hurt. 

An attorney can calculate the right benefit amount and push back if the insurance company tries to pay you less than you deserve.

If there’s a fight over whether you can really handle the duties offered, your lawyer steps in to protect you from losing your benefits unfairly. 

They’ll represent you at hearings before the North Carolina Industrial Commission if your employer tries to cut off or change your benefits.

Talking to a lawyer before you make any decisions about light duty can keep you from accidentally giving up your rights to compensation. 

Most attorneys in this field offer free consultations to talk through your situation, so it’s usually worth asking.

If you’re worried about losing workers’ comp checks over a light-duty dispute, get clear guidance about your options and rights, then schedule a free case review with Morrison Law Firm, P.L.L.C.

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    Frequently Asked Questions

    Do I have to accept a light-duty job in North Carolina workers’ comp?

    You’re generally expected to accept a light-duty job if it truly fits your doctor’s restrictions and counts as suitable work. Refusing suitable light duty without a good reason can lead to your weekly checks being suspended.

    Can I refuse light-duty work if it breaks my medical restrictions?

    Yes. If the job clearly requires lifting, standing, or other tasks your doctor has restricted, you can usually refuse it and still keep your wage benefits.

    What happens to my workers’ comp checks if I refuse light duty?

    If you refuse a job that the Industrial Commission later decides was suitable, your temporary disability checks can be reduced or stopped for the time you refused. Medical benefits for approved treatment usually continue, but your wage replacement is at risk.

    Does a light-duty job have to pay the same as my old job?

    No. Light-duty work can pay less than your old job, and if it does, you may qualify for partial workers’ comp checks to cover part of the wage difference.

    Can my employer force me to do any job they call “light duty”?

    Your employer can’t force you to do work that breaks your medical restrictions. They can, however, ask the Industrial Commission to stop your checks if you refuse a job they claim is suitable, so the details matter.

    What should I do before I say no to a light-duty offer?

    Get the offer in writing, have your workers’ comp doctor review it, and compare every duty to your restrictions. Then talk with a North Carolina workers’ comp lawyer before refusing, so you don’t accidentally lose your benefits.

    When should I talk to a North Carolina workers’ comp lawyer about light duty?

    You should talk to a lawyer if the job doesn’t match your restrictions, your employer is pressuring you, or your checks are being reduced or stopped. Early advice can protect both your health and your income.

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