Legal Question in Workers Comp in California

Employers and insurance company set their own policy which benefit them. If Light duty is the same work you should be paid your full salary. If your classification changes for a long time, then they may argue that you are not doing the same work. What I recommend is that at least for some period of time right after your injury, you should be taken off work and collect temporary disability benefits which is 2/3 of your salary. This result in your faster recovery and less friction and problem with the employer. You may need to change your doctor if he refuses to take you off work. Call us at 213.388.7070 for a free consultation.

Technically for modified work to be allowed, you must be paid 85% of your previous wage. Otherwise, you will still be TTD at 2/3 of your wage tax free. Thus is is possible for you to receive less on a modified position than you received before. However, most employers do not cut wages for modified work.