Content reviewed by:
Alex Shulman
Yes, in New York, light-duty work can reduce your workers’ compensation benefits. However, you may still receive partial wage replacement depending on your reduced earnings and disability status.
Returning to work in a limited capacity usually means your benefits will be adjusted to reflect your new income. Although you may not qualify for total disability anymore, you can still receive partial wage replacement if your light-duty role results in lower earnings than before your injury.
If you have questions about how this applies to your situation, speaking with a New York City workers’ compensation lawyer can help you understand your rights and protect your financial stability after a workplace injury.
How Light-Duty Work Affects Your Workers’ Compensation Benefits in New York
At Shulman & Hill, we help injured workers understand how returning to work impacts their workers’ comp benefits. Under New York Workers’ Compensation Law, benefits are tied to your average weekly wage and your level of disability.
If your treating physician places you on light-duty work with medical restrictions, your classification may shift from temporary total disability to temporary partial disability. This means your weekly benefit is reduced rather than eliminated, and the reduction is based on your wage loss and ability to perform modified duty.
What Light-Duty Work Actually Looks Like
In day-to-day situations, going back to work on light duties involves being assigned less strenuous tasks or having your job modified to suit your medical limitations. This may include shifting to working indoors or avoiding activities that stress your injured limb.
For example, if you have lifting restrictions or are limited to sedentary activity, you may be reassigned to administrative duties instead of continuing physically demanding labor. Any changes to your role should match the guidance outlined in your medical report and follow the recommendations of your attending physician.
How Your Wage Replacement Benefits Are Calculated
When you return to work in a light-duty position, your wage replacement benefits are adjusted based on how much you are now earning compared to your previous income. Instead of stopping completely, benefits are recalculated to reflect the difference.
The Workers’ Compensation Board starts with your average weekly wage and compares it to your current earnings in the modified role. If your pay is lower than it was before your work injury, you may still receive partial wage replacement to help make up for that loss.
Can You Refuse a Light-Duty Job Offer?
In some cases, injured workers question whether they must accept a light-duty assignment, even if it affects their workers’ compensation benefits. The answer depends on whether the job meets your medical limitations.
When a light-duty job fits your medical restrictions and treatment plan, refusing it can put your workers’ comp benefits at risk. That said, if the role requires more than you can safely handle or goes against your doctor’s advice, you may be justified in declining it.
Because insurance companies and the Workers’ Compensation Board closely review these situations, it is important to evaluate any job offer carefully before making a decision.
The Importance of Medical Evidence in These Cases
At Shulman & Hill, we work closely with clients to ensure their medical documentation supports their claim. Medical evidence, including the following examples, plays a major role in determining both your ability to perform light-duty work and the benefits you receive:
- Medical reports: Detailed documentation from your medical provider outlining your condition and restrictions.
- Functional capacity evaluation: Testing used to measure your physical abilities after a workplace injury.
- Ongoing treatment records: Evidence showing your progress and need for continued medical care.
- Impairment rating: An assessment used to determine any permanent partial disability.
Accurate and consistent medical records can help prevent disputes with the insurance carrier and support your eligibility for continued benefits.
What Happens When You Reach Maximum Medical Improvement?
Eventually, many injured workers reach Maximum Medical Improvement, meaning their condition has stabilized and is unlikely to improve further with additional medical treatment.
At that stage, your workers’ comp case may move into long-term disability benefits. Depending on your condition, this can include permanent partial disability or a schedule loss of use award if a specific body part is affected. Even though your wage replacement may change, you can still qualify for ongoing medical benefits related to your work injury.
Other Factors That May Affect Your Benefits
Factors beyond your job duties and wages can also affect your workers’ compensation benefits. For instance, your labor market attachment, meaning your effort to stay employed within your restrictions, may be considered.
Taking part in vocational rehabilitation or job retraining programs can also influence whether you continue receiving wage replacement. In addition, things like intermittent lost time, gaps in medical treatment, or not following your prescribed care plan can impact how the insurance company views your claim.
While these details may seem minor, they can play an important role in how benefits are calculated under New York Workers’ Compensation Law.
Get Help Protecting Your Workers’ Compensation Benefits
If you have been offered light-duty work that reduces your workers’ comp benefits, it is important to get clear guidance. At Shulman & Hill, we bring over 200 years of combined experience helping injured workers protect their rights under New York Workers’ Compensation Law.
We have helped our clients win back more than $1 billion, and we know exactly how to approach difficult workers’ compensation cases. Please contact us now for your free initial consultation and allow our experienced staff to fight for the compensation that you are owed.
