Being cleared to return to work after an injury can sound like good news. But returning to work does not always mean returning to the same job, hours, or paycheck.
A Missouri workers’ compensation doctor may release an injured employee to light or modified duty while restricting lifting, standing, driving, repetitive movements, or other activities. An employer may have work that fits those restrictions, but the modified position may pay less than the employee earned before the injury.
That does not necessarily mean the injured worker must absorb the difference.
At Gogel Law Firm, our St. Louis workers’ compensation attorney helps injured employees understand how returning to modified work can affect their wages and workers’ compensation benefits.
Light Duty Can Change Your Temporary Disability Benefits
An employee who cannot work because of a compensable injury may receive temporary total disability benefits while recovering. Once a doctor determines that the employee can perform light or modified work and the employer provides appropriate work, temporary total disability benefits may no longer apply.
However, there is an important distinction between being able to work and being able to earn what you did before the injury.
Missouri workers’ compensation law provides for temporary partial disability benefits when an injured employee can return to work but earns less because of the disability.
What Are Temporary Partial Disability Benefits?
Temporary partial disability, commonly called TPD, is designed to address part of the wage gap that can occur during an injured worker’s recovery.
Under Missouri law, TPD is generally calculated at 66 2/3% of the difference between the employee’s average earnings before the accident and the amount the employee can earn during the period of disability.
For example, an employee may normally work a physically demanding position but temporarily be restricted to a lower-paying modified assignment. Another worker may return to the same workplace but be unable to work the same number of hours because of injury-related restrictions.
Receiving a paycheck does not, by itself, mean temporary workers’ compensation benefits have ended.
The Light-Duty Job Should Comply With Your Medical Restrictions
Pay is not the only concern when returning to modified work. The position offered should also comply with the restrictions imposed because of the work injury.
Depending on the employee’s condition, those restrictions might limit:
- Lifting or carrying.
- Standing or walking.
- Bending, climbing, or kneeling.
- Repetitive movements.
- Driving or operating equipment.
- The number of hours the employee can work.
Problems can develop when the job is described as “light duty,” but the employee is actually expected to perform tasks outside those restrictions.
Employees should pay attention to what their doctor has authorized and how the duties they are actually performing compare with those limitations.
Be Careful About Refusing an Offered Position
An injured worker should not assume that turning down a light-duty assignment is the safest option simply because the job pays less or differs from the pre-injury position.
Missouri law can limit temporary disability benefits when an employee voluntarily leaves employment while the employer has work available that complies with medically imposed restrictions. The specific circumstances therefore matter.
Before refusing an assignment or leaving a modified position, an injured employee may benefit from understanding how that decision could affect the workers’ compensation claim.
A Smaller Paycheck Does Not Necessarily End the Discussion
Returning to work is an important step in recovery, but it should not obscure the financial consequences of a workplace injury.
If your Missouri workers’ compensation doctor released you to light or modified duty and you are now earning less than you did before your injury, Gogel Law Firm can help determine whether temporary partial disability benefits may be available and address disputes involving your return to work.
Contact our St. Louis workers’ compensation attorney at (314) 742-3147 or online to schedule a free consultation.
