Your Rights When Returning To Light-Duty Work in Vermont

If you suffered a work-related injury in Vermont and your doctor says you can return to light-duty work, you might be wondering what happens next. You might be asking, “Is it safe for me to work while recovering?” or perhaps you are worried about losing your workers’ compensation benefits. Understanding your rights under Vermont law can ensure you return to work safely without putting your health at risk. It can help you protect your health, paycheck, and your workers’ compensation benefits.

What Is Light-Duty Work?

Light-duty work, also referred to as modified duty, is a temporary job designed to keep you employed while you recover from a job-related injury. This option is available to those whose medical restrictions prevent them from performing their regular job duties fully but who are still able to perform some work safely. Light-duty work generally involves doing less physically demanding work than your usual work and is customized as per your medical restrictions.

It is crucial to note that only your treating physician can set your medical restrictions. You don’t have the authority to decide your own restrictions. Additionally, trying to work beyond what your doctor allows could worsen your injury and affect your workers’ compensation benefits.

You Cannot Be Forced To Perform Tasks Outside Your Medical Restrictions

One of your most important rights is that you don’t have to accept tasks that exceed your medical limitations. In Vermont, a light-duty job must comply with your treating doctor’s specific restrictions. For instance, if your physician says you can’t lift over 10 pounds, your employer can’t ask you to move something that weighs 20 pounds.

However, it’s not advisable that you simply refuse to work when offered work that doesn’t fit within your restrictions, as it could be misinterpreted as an unwillingness to cooperate. Instead, you should immediately talk to your doctor and a workers’ compensation lawyer.

You Have the Right To Continue Receiving Benefits if There Is No Light-Duty Work

Sometimes, employers don’t have a light-duty position that fits a worker’s restrictions. If that’s your situation, you are still eligible for temporary disability benefits until your doctor says you have reached maximum medical improvement and can no longer benefit from further treatment.

Suppose you return to light-duty work, but your earnings are less than what you made before your injury. In such a case, Vermont law states that you are entitled to temporary partial disability (TPD) benefits, which typically cover two-thirds of the difference in your wages.

Medical Benefits Don’t Stop When You Return To Light-Duty Work

In Vermont, returning to light-duty work does not automatically end your medical treatment for your work-related injury. Your employer cannot deny or interfere with reasonable and necessary treatment that is meant to help you recover safely.

Your Reinstatement Rights in Vermont

Under 21 VSA section 643b, if you recover and your employer regularly employs 10 or more people, they are required by law to reinstate you.

However, to be reinstated, the following conditions must be met;

• You recovered within 2 years of your work-related injury
• You kept your employer informed of your interest in being reinstated
• You had an expectation of continuing work had the injury not occurred
• You are physically able to perform your prior job or an alternative suitable position

Contact Us for Legal Help

Our Vermont workers’ comp lawyer at Sluka Law PLC can help protect your rights. Contact us today to schedule a consultation.

Source:

labor.vermont.gov/sites/labor/files/doc_library/A-Guide-for-Vermont-Business-Owners.pdf