Human Resource Blog

limited duty not offered to workers comp employee

I would like to find out what you do with an employee that is out on workers comp and was told they can do limited duty. But, you do not have any limited duty to offer. A position was offered to the employee but at a lesser rate. But, it is a position the employee can do in his medical condition.

This employee has refused the althernate position.

Any advice?

Thank you.

Ah, but you did offer limited duty to this employee — and she refused it.

We can only speak in general terms because any employer with an open workers comp case needs to be talking to his or her workers comp insurance company, or to an attorney specializing in employment law.

When an employee is on light duty, also called limited duty, the employer is not required to invent a job, if none exists. Some occupations adapt well to limited duty, and others do not. If you have another job that the employee is qualified to do, that meets the restrictions of limited duty, then you can offer that job to the employee. If the job is at a lower rate, then the employee is paid the ususal wages for that job.

In many cases, an employee on workers comp who refuses to return to work on limited duty is no longer eligible for workers comp. You should contact your insurance carrier or an attorney, but it may be that if the employee refuses to return to work, she can be terminated.