Definition of “light duty” where your job is concerned
“Light duty” is a terminology that refers to the amount or work performance capacity you have when returning to the job after an injury. In some instances, a physician will release you from medical care if they feel that you have sufficiently recovered from your injuries, but do not have the full capacity to perform your work duties 100%. It is also defined as not being designed for “heavy” work.
Without a doubt, the biggest challenge or “trap” that you could encounter where Worker’s Compensation cases are concerned relates to returning to your job after you have incurred an on-the-job injury. This is one of the key reasons why you should consider hiring the services of an experienced Worker’s Compensation attorney; a lawyer can help you avoid what we call the “returning to work trap.”
Where is this “trap” typically encountered?
Usually, the return-to-work trap is encountered when you return to your job after incurring an injury and have failed to fill out the WC-240 form. What can happen is this: You have been receiving weekly TTD benefits and then you return to work without the WC-240 form. Well, if you end up not being able to perform that work activity and then have to leave, you can be in big trouble and your TTD benefits can potentially cease.
You will have to request a hearing if your employer does not restart your benefits voluntarily. Unfortunately, should this happen, you could be waiting up to 3 months for that hearing in order to get your benefits started again. On the other hand, should you return to your job with your WC-240 and you cannot perform your normal duties, your TTD benefits will resume immediately. This is why the WC-240 form is so important when returning to work on light duty.
What exactly is the WC-240 form?
This is a state Worker’s Compensation form that defines specific light duty descriptions. The WC-240 form typically includes the following information:
- Name and other contact information regarding a supervisor
- Specific limitations on your work activities according to your authorized treating physician
- The rate of pay for a light duty work return
- Your light duty return-to-work start date
What you want to remember is that if you return to your job under light duty conditions and cannot perform your job responsibilities, you want to notify your employer or supervisor immediately and return home. Your TTD benefits will automatically start back up again as long as you had the WC-240. As we mentioned above, this is just another key reason for consulting with an experienced Worker’s Compensation attorney in order to assist you with your situation.
