Light Duty Jobs for Injured Workers in Minnesota
Minnesota workers' compensation claims include medical benefits, wage loss benefits, permanency benefits, and rehabilitation benefits. After an employee sustains a workplace injury, there is often a period of time in which the employee could work in some capacity, but cannot physically do all of the normal job duties. During that period of time, the worker will continue to receive wage loss benefits unless light duty work is offered.
Light duty jobs play an important role in this scenario, offering a pathway for injured workers to continue contributing to their workplaces while adhering to medical restrictions. A common example of a light duty restriction is a limitation on lifting weight, such as a restriction to lift no more than 25 pounds when the usual requirement is up to 50 pounds.
When employers in Minnesota cannot accommodate such restrictions, they are typically required to pay wage loss benefits under the Minnesota Workers' Compensation Act. Workers compensation laws do not mandate that employers provide accommodation but incentivize them financially to offer light duty roles to mitigate wage loss payments. Additionally, employers with 15 or more employees must comply with the Americans with Disabilities Act (ADA), ensuring reasonable accommodations for employees with disabilities.
The process of offering light duty positions may include written job offers, medical reviews, and potential on-site evaluations to ensure suitability. Injured workers have responsibilities too, including accepting medically suitable job offers within reason. This system aims to balance the needs of injured workers with the operational capabilities of employers, fostering a supportive work environment.
What is an example of a light duty restriction?
A classic example of a light duty work restriction would be a medical restriction to lift no more than 25 pounds where the worker is normally required to lift up to fifty pounds.
However, the nature of light duty work restrictions will vary based on the injury. Workers with knee injuries are often restricted from kneeling, climbing, standing, or walking. Workers with post-concussive syndrome may have limitations on screen time or noise levels. Workers with carpal tunnel syndrome may have limitations on repetitive grasping or fine motor movements.
Depending on the workplace, the employer may have the ability to provide modified work within the employee's work restrictions. This may take the form of a new role, or be as simple as allowing the employee to do his or her normal job other than the tasks outside of the restrictions.
What if an employer cannot accommodate work restrictions in MN?
The Employer will likely be required to pay wage loss benefits if it cannot accommodate restrictions caused by a work-related injury.
The Minnesota Workers' Compensation Act does not require employers to accommodate work restrictions. However, it does require employers to pay wage loss benefits to employees that are off of work because of work restrictions that are caused by a work-related injury. For that reason, employers generally have a financial incentive to offer light duty work to injured workers.
Regardless of whether the restrictions are work-related, many employers are required to comply with the Americans with Disabilities Act (ADA). Employers with 15 or more employees are required to provide reasonable accommodations to employees with disabilities.
Procedure for Offering Light Duty Positions
Employers should provide a light duty job offer in writing to both the employee and the QRC. The employee may have the job offer reviewed by the treating physician to confirm the work is within the employee's restrictions. The QRC may also request an onsite evaluation, if needed. This allows the QRC to observe the work environment and work duties to confirm the work is within the employee's restrictions.
Rights and Responsibilities of the Injured Employee
The injured worker cannot unreasonably refuse an offer of employment that the worker is medically able to do. An injured worker may lose eligibility for temporary total disability benefits if he or she unreasonably refuses an offer of employment.
Medical Ability to Do the Job
At the time the job offer is made, the QRC should compare the work duties to the work restrictions, and get clarification from the employer if needed. Once at the workplace, it is the worker's responsibility to say no if employer representatives are assigning tasks outside of the restrictions.
Sometimes it turns out that the employee is still unable to perform the physical demands of the light duty work. If the tasks within the restrictions are provoking symptoms, the worker should bring that to the doctor's attention.
Reasonableness
The injured worker does not have to dramatically alter his or her pattern of living to accept a job offer. Potential examples of job offers that may not be unreasonable to refuse include the following:
The job would require the injured worker to move to a different city or state;
The job would require a shift change that is legitimately problematic for the worker;
The worker cannot obtain transportation (including public transportation) to the job site.
Conclusion
The provision of light duty jobs for injured workers in Minnesota serves as an important mechanism to support both the workforce and employers. By facilitating the return of injured employees to work within their medical restrictions, employers can reduce the financial burden of wage loss benefits and maintain productivity.
Employers must follow a structured procedure for offering light duty positions, including written job offers and medical evaluations, to ensure that the duties align with the worker's restrictions. This not only aids in the recovery process but also encourages a smoother transition back to full duties when possible. For injured workers, understanding their rights and responsibilities, such as not unreasonably refusing suitable job offers and communicating any issues, is essential to safeguard their benefits and well-being.
Overall, the collaboration between employers, employees, and medical professionals under these regulations fosters a supportive and efficient work environment. It underscores the importance of accommodating injured workers in a way that benefits both parties, promoting a culture of care and responsibility within Minnesota's workforce.
LawSmith PLLC is a Minnesota legal practice that represents injured employees in workers' compensation cases. A free consultation with an experienced workers compensation attorney is available to Minnesota injured workers on request. Feel free to reach out with any questions about workers' compensation benefits.
