Can a Municipality Deny Your Claim if You’re Injured During “Light Duty”?

If you’ve returned to work after a job-related accident, your employer has probably given you “light duty” for the time being. However, there’s always a risk of reinjury if you haven’t yet made a full recovery. Some municipal workers are afraid workers’ comp won’t cover them if they’re technically working again. However, the truth is often more nuanced than most employers think. Learn more about what your rights are during light duty and what to do if your claim is denied.

What Is Light Duty?

Light duty is when your employer gives you modified job responsibilities after you experienced an accident. Say you’re a sanitation worker who collects trash, and you hurt your back. In this case, your employer might give you some desk work or administrative tasks while you recover.

However, working light duty is not the same as your regular job. You’re still considered an injured worker with medical restrictions. This puts you at a higher risk of harm if your employer ignores the doctor’s advice or you’re not careful.

Are You Still Covered by Workers’ Comp on Light Duty?

Yes, you can still qualify for workers’ comp if you’re on light duty because you’re still considered an employee doing work. So if you’re injured, you’ll still qualify because the accident is considered work-related.

However, you’re not fully considered a regular worker yet. You have medical restrictions that your municipal employer needs to follow until you receive clearance from your doctor. Those guidelines are there to  prevent further injuries. If an employer assigns tasks that go beyond what your doctor allows, you’re entitled to file a workers’ comp claim for any damages.

What to Do If Your Light Duty Claim Is Denied

Don’t Stop Working

If your doctor has you on light duty, keep showing up and do the work you’re medically cleared to do. Refusing to do it could give the municipality an excuse to argue that you’re not cooperating. Even if your claim was denied, you still need to protect your job and your benefits.

Gather Evidence

Relevant documentation is the core of any successful workers’ compensation claim. Gather medical paperwork, pictures, emails from supervisors, or anything else that shows the task you were assigned during this time. Also, if you were given something outside of your job responsibilities, write it down. These details help you minimize any attempt by the municipality to deny your claim’s validity.

Immediately Report It

While you might have up to 30 days to report an injury to your employer, doing it earlier is always better. Any delays give employers an excuse to argue that your injury happened off site. Tell your supervisor, get medical help, and make sure there is clear documentation available.

How Our Experienced Lawyers Can Help

There’s a chance your employer might try to fight your light duty claim. Our experienced New York workers’ compensation lawyers can protect your rights and ensure you receive the compensation you’re rightfully entitled to. If you have any questions or want to book a free consultation, please contact us at 855-622-7686 to get started.