Can I Refuse Light Duty On Workers’ Comp?

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Can I Refuse Light Duty On Workers' Comp?

Michigan workers’ comp lawyer discusses light duty job offers and what constitutes good cause for refusal.

Employers don’t have to pay wage loss benefits if they give a person a job within their restrictions. This is a powerful incentive to get people back to work. Unfortunately, this process is sometimes abused and clients are often asking if they can refuse light duty on workers’ comp in Michigan. Our answer is yes, if good cause exists.

Light duty is a a job within the employee’s capacity to perform that poses no clear and proximate threat to his or her safety. Failure to refuse and perform a light duty job under workers’ comp in Michigan without good cause can result in a forfeiture of wage loss benefits.

What is a light duty job?

Light duty refers to a specific job, rate of pay, and location to work. It is not limited to jobs within a person’s qualifications and training, and it does not have to pay full wages. Distance from home and timing of the offer are also factors. Wage differential should be paid if full wages are not.

Before refusing a light duty under Michigan workers’ comp, we tell our clients to show up and see what job is being offered. This is important because many employers bluff and want a disabled employee to quit. Failure to do light duty results in a suspension of wage loss benefits.

Watch out for employers who offer demeaning jobs for the sole purpose of harassment. This could be a basis to refuse light duty under Michigan workers’ comp if the job is ridiculous. We recommend speaking with an experienced attorney before walking off the job.

Can I refuse light duty on workers’ comp in Michigan?

In Michigan, you can refuse light duty on workers’ comp but only if there is good cause for refusal. The light duty job must be something that can be performed safely and within restrictions. It must not be too far from a person’s home, and the timing of the offer must not be unreasonable. Differential should be paid if the light duty job does not pay full wages.

Employees who are being forced back to work beyond restrictions have a basis to challenge a disputed claim. Insurance companies also use so-called “independent” medical examinations to modify restrictions. It is important to have a conversation with your treating doctor about what types of work activities are safe and appropriate. Medical treatment should be covered even if it is found that a person has refused a light duty job offer.

Sometimes a light duty job offer is at a different location from where a person normally works. This is fine provided it is not an excessive distance from their home. Timing of the light duty job offer is also important. A person cannot be expected to show up to work at a moment’s notice but must be given sufficient time to make arrangements.

Have questions? Call our attorneys now!

If you are injured on the job in Michigan and have questions about your workers’ comp claim and the impacts of refusing light duty may have on your case, call now or fill out our contact form for a free consultation. There is absolutely no cost or obligation. Our attorneys are here for you.

Our attorneys have been exclusively helping injured workers in Michigan for more than 35 years. Our attorneys can help you better understand Michigan work injury laws and what happens after someone has been hurt on the job. To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.

Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (855) 221-2667 for a free consultation today.

Related information:

Michigan workers’ comp lawyer discusses what happens after a doctor gave you permanent restrictions.

Author Bio Jeffrey Kaufman

Author
Jeffrey E. Kaufman
Michigan Workers Comp Attorney

Jeffrey E. Kaufman has extensive experience in workers compensation cases and has recovered millions of dollars in benefits for his clients. He believes all injured workers deserve to be on equal footing with insurance companies and employers, and fights tenaciously so their rights are secured and protected.


“Jeff also helped me with getting my Blue Cross bills paid. I would absolutely recommend him and the whole firm. Jeff and the firm did everything they were supposed to do for me and my case.”
Ricardo Perfetto

Hundreds of 5-Star Reviews

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Get Help From our Michigan Workers’ Comp Lawyers Today

You’re not alone. Our Michigan workers’ comp lawyers have been called the best in the state, and our clients love how they’re treated with care, respect, and responsiveness. We will give you the time you need, we will explain your legal rights, and we will always treat you with respect.

Our workers’ compensation and Social Security disability lawyers always put your needs first. Get to know your legal team.

Our attorneys post regularly about common issues related to workers’ comp, including common injuries, settlement calculations, laws, and more.

Injured? It’s Time to Get Some Answers

Don’t let the insurance adjuster push you around. Request your free consultation today.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Our attorneys post regularly about common issues related to workers’ comp, including common injuries, settlement calculations, laws, and more.

Our workers’ compensation and Social Security disability lawyers always put your needs first. Get to know your legal team.