If you’ve been injured on the job and your doctor has released you to light duty or modified duty, your employer is required to follow those restrictions. But what happens if your employer says they don’t have any modified duty available?

This situation is more common than many workers realize—especially in physically demanding jobs—and it can have a major impact on your workers’ compensation benefits.

Here’s what you need to know.

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1. You May Be Entitled to Wage Replacement Benefits

If your employer can’t offer work within your medical restrictions, you’re normally not required to return to full-duty work. Instead, you may qualify for temporary disability benefits, such as:

• Temporary Total Disability (TTD):
  If you cannot work at all because no suitable duty is available.
• Temporary Partial Disability (TPD):
  If you can work reduced hours or a different type of job but still earn less than before.

These benefits help replace a portion of your lost income while you recover.

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2. The Insurance Company May Investigate Your Ability to Work

When no modified duty is available, insurers often take a closer look at your situation. You may face:

• Independent medical examinations (IMEs)
• Requests for updated medical records
• Surveillance to ensure you’re following restrictions

This is normal, but it’s also why keeping your doctor informed and following restrictions is critically important.

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3. You Should Continue Treating With Your Workers’ Comp Doctor

Your doctor’s opinion controls your ability to work. Make sure you:

• Attend every appointment
• Report all symptoms honestly
• Request updated work restriction notes
• Follow treatment plans exactly

Documenting your limitations protects your right to benefits if your employer cannot accommodate your restrictions.

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4. Your Employer Cannot Force You Back to Full Duty

If your doctor says you cannot perform certain tasks—lifting, climbing, standing for long periods—your employer cannot legally insist that you do them.

They also cannot:

• Punish you for having work restrictions
• Fire you because you filed a claim
• Demand you work outside your restrictions

If they try, speak to a workers’ compensation attorney immediately.

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5. You May Need to Search for Alternative Work (Depending on Your State)

In some states, if your employer doesn’t offer modified duty, you may be required to perform a good-faith job search for work within your restrictions.

In others, you automatically qualify for disability benefits until:

• Your employer offers suitable work, or
• Your doctor updates your restrictions

Your attorney can explain how the rules apply in your state.

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6. Vocational Rehabilitation May Be an Option

If it becomes clear that you can’t return to your old job, you may qualify for:

• Job retraining
• Placement assistance
• Education programs
• Resume support

Vocational rehabilitation can help you transition into a new line of work that fits your medical limitations.

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7. Speak With a Workers’ Comp Attorney Early

When an employer says, “We don’t have light duty,” problems can follow:

• Delayed wage benefits
• Pressure to return to full duty
• Threats of termination
• Improper claims handling

An attorney can ensure:

• You receive the wage benefits you’re entitled to
• Your restrictions are respected
• Your employer and insurer follow the law
• Evidence of your limitations is documented

The earlier you get help, the better protected you are.

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Bottom Line

If your employer doesn’t have modified duty available, you should not be forced back to full-duty work. Instead, you may qualify for disability benefits until you recover or until suitable work becomes available.

Your medical restrictions—not your employer’s preferences—determine whether you can safely return to work.

Need legal help? In California, navigating legal challenges, whether they involve personal injury, workers’ compensation, criminal defense or civil litigation, can be overwhelming. Khoury Law Group is here to provide the critical legal support you need. As a leading advocate for individuals facing legal battles, our experienced attorneys understand the complexities of the legal system and are committed to fighting for your best interests. With personalized legal strategies and compassionate support, we are dedicated to achieving the justice and compensation you deserve.

CONTACT US FOR HELP. Call us at (888) 354-6879 or fill out the form on our Contact page.