Legal Question in Workers Comp in Virginia
Light Duty
If my company is telling my doctor that they have light duty for me and it is not the light duty recomended by my doctor, can this be a ploy to bait me back into work so they limit my chance for a settlement, and fire me?
2 Answers from Attorneys
Re: Light Duty
Dear Sir:
First, you should check with the Virginia Workers Compensation Commission to make sure you are under a WC Award for your injury.
Second, if the light duty job (although different) is within the work restictions set by the doctor, then you may have to try the light duty job.
Third, if the light duty job is not within the work restrictions set by the doctor, then it would be inappropriate job placement.
Fourth, if you return to work (although light duty) at your pre-injury salary, then the insurance company no longer has to pay compensation payments.
Fifth, a settlement depends upon many factors. You should consult with an experienced workers comp attorney before entering into one.
This is based on 35 years of experience as a Virginia Workers Compensation Attorney.
Jerry Lutkenhaus
Re: Light Duty
Dear Sir:
First, you should check with the Virginia Workers Compensation Commission to make sure you are under a WC Award for your injury.
Second, if the light duty job (although different) is within the work restictions set by the doctor, then you may have to try the light duty job.
Third, if the light duty job is not within the work restrictions set by the doctor, then it would be inappropriate job placement.
Fourth, if you return to work (although light duty) at your pre-injury salary, then the insurance company no longer has to pay compensation payments.
Fifth, a settlement depends upon many factors. You should consult with an experienced workers comp attorney before entering into one.
This is based on 35 years of experience as a Virginia Workers Compensation Attorney.
Jerry Lutkenhaus