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Workers comp and modified duty

Warwick, RI |

my doctor put me on modified duty with a list of restrictions which i have provided to my employers they have said they have a position for me but when i asked what my duties will be they are not sure yet, but state they will know when i get there, can they do this? I want to know before i get to work if i can perform the duties with my restrictions, to not cause further injury.

Attorney Answers 5

  1. Best answer

    NO NO NO NO NO NO NO NO NO NO. You are NOT obligated to return to work modified or light duty unless the carrier offers the position to you as a "Suitable Alternative Empoyment" (SAE) position which must follow statuory guidelines. Please feel free to call me and I can explain this further because it is too much to type here but my advice to clients is to NOT return to work light duty unless it is an SAE offer.

  2. You MUST accept work within your restrictions or you forfeit your right to receive benefits. If your employer wants you to sit and do nothing, you must sit and do nothing.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links:

  3. Each state is different so talk to a workers comp lawyer in your state ASAP in Colo they have to provide a description and the doctor has to sign off on it. You need to know what the rules are there.

  4. "Light Duty" does not exist in the Rhode Island Workers' Compensation system. Attorney Ranone is correct, the only way you can be required to accept a modified duty position is if you are offered what is known as "Suitable Alernative Employment" which has specialized requirements and procedures. You may want to make an appointment with Mr. Ranone or my office (401) 273 3000. Either way you should consult an attorney that practices before the Rhode Island Workers' Compensation Court regularly, if not daily.

    The opinion above should not be interpreted to be legal advice but rather an opinion. Attorney / Client relationship is not being established by the comments contained above.

  5. Depends on the law applicable in your case, but generally your employer will be allowed to try to accommodate your physical restrictions-they can even create a job just for you while you are recovering from your job injury. I have had clients who just sat in a room and sorted papers-boring, but 100% of your pay is better than 2/3rds.

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