Q&A

Can a worker who accepts light duty reemployment?

Can a worker who accepts light duty reemployment?

A worker who accepts reemployment with light-duty work restrictions cannot be denied the opportunity to return to his or her original job when the restrictions are removed by the doctor who originally authorized the return to work.

Are there exceptions to light duty in Oregon?

There are, however, exceptions. Oregon, for example, requires employers with six or more workers to accommodate a returning worker whose doctor authorizes a return to work with light-duty work restrictions.

Is the FMLA the same as light duty work restrictions?

Answer: Both the FMLA and workers’ compensation laws offer protection to workers that might differ dramatically when an offer of reemployment with light-duty work restrictions is made to an injured worker.

What happens if there is no modified work or light duty?

If there is no modified work or light duty available, an injured worker will receive temporary disability benefits for his or her lost wages. An injured worker who is offered but refuses modified work or light duty will not receive temporary disability benefits for the time he or she is not working. 1. Why there is modified work or light duty 2.

When does an employer need to provide light duty?

If you have light duty available, and do not have to create a light duty position to accommodate the employee, the ADA will likely require the consideration of temporary light duty as a reasonable accommodation. Written by Jon Hyman, a partner in the Labor & Employment groupof Kohrman Jackson & Krantz.

When does restricted work occur in a job?

Restricted work — Restricted work occurs when, as the result of a work-related injury or illness: (A) You keep the employee from performing one or more of the routine functions of his or her job, or from working the full workday that he or she would otherwise have been scheduled to work; or

How are restricted work days recorded on OSHA?

Both job transfer and restricted work cases are recorded using the same code (4 for Restricted Work Activity or Job Transfer) in the Severity field of the OSHA Tab, and both use the OSHA Restricted Days field to keep count of both restricted work and job transfer days.

When do you have to record restricted work?

Restricted work or job transfer. When an injury or illness involves restricted work or job transfer but does not involve death or days away from work, you must record the injury or illness on the OSHA Tab: Definitions. Restricted work — Restricted work occurs when, as the result of a work-related injury or illness: