When the Employer Brings you Back to Light Duty

Virginia and North Carolina Workers Compensation Attorney Joe Miller explains one of the most dangerous things that can happen in a workers' compensation case. And that is when you are placed on light duty by your doctor and the employer decides to accommodate your light duty restrictions and bring you back to work on light duty. If you are then fired for cause during your light duty work, particularly in Virginia, your case can may be over with. Don't give the insurance company that satisfaction.

[@larstyles9803]

Thanks for the info.

[@JoeMillerLaw]

You are very welcome. Thanks so much for watching.

[@alfmuss3]

I would love to open it all back up. Even though I settled by Stip for all future medical treatments to cure and or relieve from the effects of the original industrial injury. Had to dismiss my AA for non investigation of my case. And he was The President of the Applicant Attorneys Association.

[@JoeMillerLaw]

So sorry you had a bad experience with your attorney. Doesn't reflect well on our profession.

[@Jeph7691]

Really good!

[@JoeMillerLaw]

thank you very much! I'm glad you found the video helpful. Don't forget to like and subscribe! I just finished taping two new ones today. They'll be uploaded after editing is complete.

[@Jcarder89]

Why do doctors say "they have to do what your employer and the department of labor want?" I am being harassed by management and my coworkers. My manager violated HIPAA and nothing is being done.

[@JoeMillerLaw]

Mmmmph. I really hate when doctors say things like that. In any event it sounds like you are either in a FECA or Longshore case, so that is not my precise area of expertise. (We may be bringing on someone who will be in the future). If you can get away from this doctor without messing up your case, I would sure do it. DO not do anything like that without consulting with an attorney who has an expertise in your type of case!!! The truth is, at least in the workers comp laws that I deal with, your authorized treating doctor has SOLE CONTROL over your diagnosis, treatment and work restrictions. When a doctor admits to basically giving away that control to some outside entity, in my opinion, they are no longer fulfilling their role as your doctor or their Hypocratic oath!

[@Jcarder89]

@@JoeMillerLaw, I have a work comp lawyer now, but he says I have to do what my doctor says.

[@toniag557]

​@@JoeMillerLawmy case was Accepted but my employer didn't put me in for COP after my injury on July 31 until just now after I kept reaching out for assistance. However, two pay periods have passed. I'm eligible for up to 45 days of COP. Can they send me prior weeks pay or do I have to wait another two weeks until the next pay period?

[@JoeMillerLaw]

@@toniag557 SO i'm not sure what COP is, or what State you are in, so it's really not possible for me to answer your question. In VA, until you are under an Award, the employer is not obligated to do anything for you at all. Of course you must have a doctor's note of some kind as evidence of your continued inability to work. Once you get under an Award and 30 days pass, they have a maximum of 14 days to pay you your comp checks, from the date that the comp check was due, otherwise, 20% penalty on them; in NC, it's 10%.; however, if they can show the check was issued by the adjuster within that time frame and you just didn't get it, they squirm out of the penalty. Again, this is all VA or NC. Your state's laws may be completely different. Please consult with a Workers Comp lawyer within your state. I would use AVVO.com to find a good comp lawyer in your state.

[@toniag557]

@@JoeMillerLaw COP - Continuation Of Pay up to 45days at regular pay rate. Then workers compensation takes over. Thanks for replying

[@deondraytaylor482]

im on workers comp and my job is trying to send me to go do work at a total diffrent place than my employment to do Volunteer work for a non profit can i deny that and im also still in pain and healing

[@JoeMillerLaw]

Again, as I always say, the response on this will vary depending where your injury occurs. At least in VA volunteer work for no pay is generally considered not suitable employment and you may justifiably refuse such a "job." ; however, your State may have different laws. In NC, if you are not yet at MMI, you may have to accept "noncompetitive" (i.e. volunteer) work if your doctor approves it, as part of your rehabilitation process. Of course if you are receiving comp checks that should not stop during your "noncompetitive" work. Also, in NC that requirement changes after you reach maximum medical improvement. Then they must find you a paid job. In any event it's best to check with a workers compensation attorney in your state to be sure. Of course, the alternate job must comply with your doctor's work restrictions, even if you are in pain and healing. Generally if the alternate job is considered suitable in your state and is within the current physical restrictions set forth by your doctor, you must report for duty at that job or risk losing your benefits.

[@jasonpierce1980]

I live in Washington. Got it pension over 10 years ago. Paid off the lawyer paid off the credit cards. By the end of the year I'll have my house paid off. If I take in a roommate or rent my house out. What will that do to my pension?

[@JoeMillerLaw]

Sorry, but this is really outside the scope of what I do or my knowledge base as a workers' comp lawyer. Sounds like you really need to speak to someone in the financial industry, maybe? Sorry i could not be of more help.

[@SoCal_Kimmy1974]

3 years

[@JoeMillerLaw]

You mean you've been on light duty for 3 years?

[@melskitchen4246]

I really would like to speak with you personally. I am dealing with this now!

[@JoeMillerLaw]

Sorry for the late reply. If your case is pending in VA or NC, PLEASE feel free to call our office TOLL FREE at 1-877-622-8656. Even if I cannot speak to you immediately, our intake folks are trained to take down the relevant info and I will review your information and get you a recommendation in short order. If your case is NOT pending in VA or NC, I recommend you search on AVVO online for a competent Workers Comp attorney in your State.

[@LilD1988]

Me tooo

[@MrBishypoo]

not sure if that is true in Iowa i wish i knew if it did cause i going i am having a lawsuit against my employer cause they said that they had no light duty with permit restricts even though we did have that, while i was still working with doctors to try and fix me.. so anyways they cut me off and terminated me over a zoom call..there is more too it than what i am trying to say , but it was a shock to my attorney that they fired me cause they said they couldnt find any duties...hope that never happens to anyone

[@JoeMillerLaw]

So sorry that happened to you. Yes, I don't know what Iowa law is on the subject. What I am really getting at in the video is that in VA and NC, typically, accommodation by your employer is usually a bad thing, because that means the insurance carrier can cut you off of your weekly benefits, bring you back to work, and harass and berate you while you work at a "made up" light duty job that is designed to get you to quit or mouth off to your boss and get fired. At least in NC or VA, when the employer says they cannot accommodate your light duty restrictions, that is a good thing for your case, because in an accepted claim, it means the insurance company has to keep paying you for the duration of your Award (up to 500 weeks), or find you another job via vocational rehabilitation. In other words, we call accommodation a "case killer," because it typically destroys the value of your claim, since there are no more weeks of compensation they are obligated to pay to utilize to bargain for a settlement of the claim.

[@MrBishypoo]

@@JoeMillerLaw i hope my attorney can help this suit , he was shocked that they fired me he thought they offer me light duty pushing paper clips while they still worked with neurology down at the university.. the doctors i have seen all believe it is from my neck,back,shoulder injuries over the years etc etc.thank you for your time i appreciate your input and the information you made available

[@JoeMillerLaw]

@@MrBishypoo You are very welcome. I wish you the best of luck on your case.

[@mariajimenez-np2yr]

They tell you no light duty they make you work mor harder bicos de injury they dont need you I have second injury the supervisor have reported they don put atencion they look for excuses to fire you the HR not protecting the employee

[@JoeMillerLaw]

That's right. I have found they typically either want to force you to quit, or fire you for cause--both of which would hurt your workers comp case. They do this by doing the things you say.

[@dtaylor224]

So what happens when an employer harassing you on light duty? Is it anybody he or she can call to let them know what's going on at the jobsite?

[@JoeMillerLaw]

This happens quite frequently. Not sure what state your claim is pending in, and therefore the answer here may be different for your state. But i can tell you in Virginia, it is CRITICAL for the workers comp carrier to get you FIRED FOR CAUSE while you are on light duty. Why? Because if that happens, it essentially destroys your workers comp case, because you would never be entitled ever again to any workers comp checks while your doctor has you on light duty restrictions. Why? Because now THAT is the reason you can no longer work, not your light duty. So we frequently see folks come back to work on light duty and their supervisor is a new guy or gal who behaves consistently with them as a complete asshole, berating the injured worker, asking them to do stupid stuff, generally treating them unfairly. This is an attempt to get the injured worker to respond in an insubordinate way by cursing or fighting with his or her boss. And that is all the pretext they need to fire you FOR CAUSE. As to what to do about it, there is really very little you can do unless the employer is trying to force you to do stuff outside your restrictions. If that is the case, you need to inform your treating doctor. If the harassment is extremely severe, your attorney may be able to obtain a protective order to allow you to not have to return to that job. But you should NEVER just quit. That would also end your comp case. The Commission would need to issue an Order stating that the employment is clearly unsuitable and you do not have to continue in that job. But i have to say your chances of success on getting an Order like that are slim to none. Hope that helps some.

[@dtaylor224]

@Joe Miller Thank You for your time, Sir!

[@JoeMillerLaw]

@@dtaylor224 Happy to help!

[@lorialdrich2991]

What about South Carolina?

[@JoeMillerLaw]

I am not admitted in South Carolina, you would need a Workers Compensation Attorney admitted to practice in that state to answer your questions pertaining to that. If you do not already have one, I would recommend searching on AVVO.com for someone in your area with that expertise. Thanks, Joe Miller

[@catsosweet3686]

Just happen to men

[@AG-mm9wn]

My treating providers said that my injuries are stationary for brain injury after almost a year of workers comp. Now the insurance scheduled 3 IME appointments. One claimed my injury revolving my eyes would 99% get better but minimum a year or more of time even though it's going on 4 years since injury. My doctors said its been almost 4 years since the injury and there's zero improvements. The eye doctor said he's telling the insurance to pay benefits. BUT insurances said they were not authorizing anything until all 3 IME were completed. I have only a psych exam left. The neurologist & psychologist are known for always blaming other things or that it's in your head, but with my diagnosis', which some are visible, can these doctors still lie to get the insurance free? I need to follow up with my neurologist to get more medication & evaluation, but insurance are denying until then.. What are possible outcomes?

[@JoeMillerLaw]

So sorry you are going through this. Sounds really hard. As usual, it's very difficult to comment on your situation without knowing which State your case is pending in. I can only comment on matters in VA or NC. But I can tell you that at least in VA and NC, the Commission will tend to give more weight to the opinions of your treating doctors vs. IME doctors. The only exceptions are where the treating doctors do not offer much support for their conclusions, or offer conclusory statements which don't make sense, whereas the IME doctors write essentially what amounts to a treatise which provides a lot of evidence backing up their opinions. Wish I could offer you more. I would say that no matter what state you are in, if you do not have a workers comp attorney, I would suggest very strongly that you hire one NOW to help you work through all this. If the IME's support the insurance company's position, they will likely move to cut everything off. You don't want to hire an attorney later on to play catch-up. Get one NOW. You should not have to pay any fees out-of-pocket.

[@dodgemadness6.460]

Hey I have a question about my case just as advice how do I contact u threw email

[@JoeMillerLaw]

[e-mail] Just a reminder I can really only assist u if ur claim is in VA or NC and u are not currently represented.