Light-Duty Work Offers In Wisconsin Workers’ Comp Cases: Do You Have To Accept?
After a workplace injury, many employees in Milwaukee and throughout Wisconsin receive light-duty work offers once a physician imposes restrictions on physical tasks. While these offers may seem helpful, they raise important legal questions. Accepting or declining light-duty work can directly impact wage-loss benefits under Wisconsin Worker’s Compensation law. It is essential to evaluate these offers carefully before deciding.
Wisconsin Worker’s Compensation law is governed by Chapter 102 of the Wisconsin Statutes. The system provides medical treatment and wage replacement for employees injured in the course of employment. Temporary disability benefits are paid under Wis. Stat. § 102.43 when an employee is unable to earn pre-injury wages due to a compensable injury. A light-duty offer can impact eligibility for these benefits.
What Is Light-Duty Work Under Wisconsin Law?
Light-duty work typically refers to modified employment that accommodates medical restrictions. The job may involve fewer physical demands or different tasks than the employee’s regular position. Under Wis. Stat. § 102.43(9), an employer may offer suitable employment within the employee’s physical and mental limitations.
The main concern is whether the job is suitable. Employment must comply with the medical restrictions set by the treating provider. If the position exceeds these restrictions, the worker may refuse it without losing benefits.
Do You Have To Accept A Light-Duty Offer?
In many situations, yes, if the job is within medical restrictions and offered in good faith. Under Wis. Stat. § 102.43(9)(e), if an employee refuses suitable employment without reasonable cause, temporary disability benefits may be suspended during the period of refusal.
However, the offer must be legitimate and align with medical limitations. If the job requires duties that contradict written restrictions, refusal may be justified. Documentation from the treating physician is essential.
We recommend that injured workers review the written job description and compare it to their medical restrictions. If needed, the treating doctor should also review the proposed duties. Under Wis. Stat. § 102.43(7), an injured employee who returns to work at reduced earnings due to injury may receive two-thirds of the wage difference, subject to statutory maximums.
Accurate wage calculations matter. Employers sometimes misclassify earnings or fail to account for overtime and other compensation components when determining benefits.
What If The Light-Duty Job Is Temporary?
Some light-duty roles are temporary and intended only for recovery. If the employer withdraws the position and no other suitable work is available, temporary total disability benefits may resume under Wis. Stat. § 102.43(1).
If the employer terminates employment for reasons unrelated to the injury, benefit eligibility may depend on whether the termination was due to misconduct. Each case requires careful factual analysis.
Permanent Restrictions And Vocational Issues
When medical improvement is reached, and permanent restrictions remain, permanent partial disability benefits under Wis. Stat. § 102.52 may be owed. If an employer cannot accommodate permanent restrictions, additional wage loss claims may arise under Wis. Stat. § 102.44.
Vocational rehabilitation may also be available under Wis. Stat. § 102.61 if retraining is necessary.
Frequently Asked Questions About Light-Duty Work
Can Temporary Disability Benefits Stop If Light-Duty Work Is Offered?
Yes. Under Wis. Stat. § 102.43(9), temporary disability benefits may be suspended if suitable employment is offered and refused without reasonable cause. The offer must comply with medical restrictions. If it does not, refusal may be justified.
What Makes A Light-Duty Job Suitable?
Suitability depends on whether the job falls within documented medical limitations and is offered in good faith. The work must not aggravate the injury. A written job description reviewed by the treating provider is often necessary to confirm suitability.
What If The Light-Duty Position Pays Less Than My Regular Job?
Temporary partial disability benefits may be available under Wis. Stat. § 102.43(7). These benefits compensate for a portion of the wage difference between pre-injury earnings and current earnings.
Can An Employer Create A Light-Duty Job That Does Not Exist Otherwise?
Yes, employers may create temporary modified positions. However, the job must still be consistent with medical restrictions. If the position ends and no suitable work remains, temporary total disability benefits may resume.
What Happens If I Attempt Light-Duty Work And My Condition Worsens?
If symptoms worsen due to the assigned duties, medical documentation should be obtained immediately. If the job exceeds restrictions or aggravates the condition, benefits may need to be reinstated. Prompt reporting and medical evaluation are essential.
Contact Gillick, Wicht, Gillick & Graf For A Free Consultation
Light-duty work offers can affect income, benefits, and long-term recovery. Gillick, Wicht, Gillick & Graf represents injured workers in Milwaukee and throughout Wisconsin in Wisconsin Worker’s Compensation claims. A careful review of job offers and medical restrictions can prevent costly mistakes.
Contact our Milwaukee worker’s compensation lawyers at Gillick, Wicht, Gillick & Graf by calling 414-257-2667 to receive a free consultation. Offices are located in Milwaukee, and representation is available statewide.
