What are my right regarding light duty?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my right regarding light duty?
I was working for a company and was injured on the job. My company has no light duty positions to offer and my doctor has released me to do light duty. Now my employer is asking me to travel to another state and work for a non-profit organization until full release from my doctor. My employer is willing to pay for my time at a decreased pay rate but it will cost me more in the long run than I am currently marking on worker’s comp. Therefore putting me in debt further than I already am.
Asked on August 12, 2016 under Employment Labor Law, West Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You have no rights regarding light duty, unless there is a written contract or agreement guarantying you light duty at need. (Companies can voluntarily give you light duty without a contract, ut it *is* voluntary for them to do this--they don't have to.) Otherwise, an employer is not required to create a new job for you, to move you to a different job, or to let you only do part of your job--they can require you to do all aspects of your job, and if you can't, they could terminate you. So the company is not even required to give you the non-profit/reduced rate option; they could simply terminate you if you can only do light duty, not your job.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.