Menu
Call
Contact
Blog
Paul Giannetti Attorney At Law

Injuries, Accidents, Worker's Compensation Free Consultations (866) 868-2960

  • About
  • Personal Injury
    • Car Accidents
      • Rear End Collisions
      • Statistics
    • Construction Accidents
      • Albany Defective Equipment Accident Attorney
      • Electrical Accidents
      • Forklift Accidents
      • Scaffolding & Ladder Accidents
      • Struck by Object
      • Third Party Accidents
    • Motorcycle Accidents
    • Nursing Home Abuse
    • Premise Liability
    • Traumatic Brain Injury
    • Truck Accidents
    • Wrongful Death
  • Workers’ Comp
    • Benefits
    • Workers Comp Forms
    • Comp & Injury Statistics
    • Workers Comp FAQ
    • Requirements
    • Statute of Limitations
    • Union Members
    • What it Covers
    • Schenectady Workers’ Comp
    • Troy Workers Comp
  • Social Security Disability
    • Appeals Process
    • Apply for SSD
    • Claim Denied
    • Disability Benefits
    • Check Your Status
    • SSD Forms
    • SSD Eligibility
    • Statistics
  • Blog
  • Resources
    • Job Openings
  • Contact

New York State Workers’ Compensation: Do Not Refuse Light Duty Work

January 17, 2011 By Paul Giannetti

What is known as “attachment to the labor market” has been a hot topic in the New York State Workers’ Compensation Law for several years. This is because insurance carriers have attempted to use this defense to suspend benefits in a large number of cases.

In several instances, the employer will offer a light duty position to an injured worker. So long as that job description is within the physical limitations set forth by the worker’s physician, refusal of the job offer can result in suspension of benefits.

Employers are well aware of this fact. They are actually offering the job in hopes that the employee refuses the position. If and when that happens, a hearing is scheduled and a motion made by defense counsel to stop all benefits to the employee. The Workers’ Compensation Law requires that the claimant return to work within their limitation. Refusal to return to work, when work is available within those limitations, will result in suspension.

The best policy is to contact a workers’ compensation lawyer if and when a job is being offered to someone who is currently on workers’ compensation.

There are circumstances where refusing to return to work may be permitted. However, it must be demonstrated that the job is outside of the physical restrictions placed on the worker by his or her physician.

Does Your Employer Have To Offer You A Light Duty Job?

If you have been injured at work and your doctor has released to do a lighter job, your employer is not required to offer you work. Many employers have light duty programs wherein they will offer modified work duties but this is not required by State Law.

Failure to return to work when offered a light duty job may result in suspension of Workers’ Compensation payments. Even if the light duty job offered by your employer is at a lower pay rate or for fewer hours than you are normally used to working at your regular job, you should not refuse that position.

If offered a light duty job, specific action should be taken.

If you have questions regarding any aspect of your New York State Workers’ Compensation claim, please feel free to contact our office to discuss your case.

FacebookTwitter

Filed Under: Workers' Compensation

Paul D. Giannetti, Attorney BBB Business Review

Contact Us for a Free Consultation

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

Free Book Download:

Click Here To Download Your Free BookWhen The Dust Settles

Click Here To Download Your Free GuideNY Workers Compensation Guide Booklet

Recent Articles

  • The Most Dangerous Tools and Equipment on New York Construction Sites
  • Remote Employees and Workers’ Compensation in New York
  • Your Rights After a Work Injury in New York
  • New York Workers’ Compensation Settlement Amounts
  • Worker’s Comp Adjusters Tricks to Watch Out For
  • Why Inflation Impacts Workers’ Compensation Claims 
  • Workers’ Compensation Law (WCL) § 24 – What’s the Deal?
  • What You Need to Know about Construction Site Bystander Accidents
  • Injured on a New York Construction Site? Here’s What You Need to Do
  • Workers’ Compensation Private Insurance vs. Self-Insuring Employers

Categories

  • Accidents & Injuries
  • Construction Accidents
  • News
  • Social Security Disability
  • Workers' Compensation

Serving accident, injury, and workers' compensation victims throughout Upstate New York including Albany, Fulton, Greene, Montgomery, Rensselaer, Saratoga, Schenectady, Schoharie, Warren, and Washington counties. Attorney Advertising. This website is designed to provide general information to injury victims. It is not intended to be legal advice. It can not and should not be substituted for proper legal representation. You should consult an attorney for legal advise regarding your rights as every case is unique and requires in depth analysis and preparation.

Copyright © 2019 Paul Giannetti Attorney At Law. All rights reserved.


Albany Workers Compensation Attorney
Paul Giannetti Attorney at Law
3 Washington Square
Albany, NY 12205
Phone: 518-243-8011
Mon - Fri: 9am - 6pm
 

Paul Giannetti Office Location