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Does an employer have to offer light duty work for a workers comp claim?

Missy Ball
Does an employer have to offer light duty work for a workers comp claim?

In Ohio, an employer is not required to offer light-duty work to an injured employee with a workers' compensation claim. The Ohio Bureau of Workers’ Compensation (BWC) and state law do not force employers to create or modify jobs if no compliant positions exist.

However, how light duty is handled directly impacts the financial obligations of the employer and the benefits received by the employee.

If the Employer Does Not Offer Light Duty

  • Benefits Continue: If a physician releases an employee to return to work with specific restrictions (typically documented on a Medco-14 form) and the employer cannot or chooses not to accommodate those restrictions, the employee remains eligible to receive Temporary Total Disability (TTD) payments.

If the Employer Does Offer Light Duty

Employers are highly incentivized to offer light duty because it lowers their overall claim costs and can stop TTD payments. If they choose to extend an offer, it must follow strict rules:

  • The Rules for a Valid Offer: Under Ohio Administrative Code OAC 4121-3-32(A)(6), the offer must be made in writing and in good faith. It must outline explicit job duties, physical demands, hours, and be within a reasonable geographic proximity to the employee’s residence.

  • Matching Doctor Restrictions: The offered light-duty tasks must exactly match the restrictions set by the employee’s treating physician. An employer cannot simply label a position "light duty" if it requires tasks that violate the doctor's orders.

What Happens if an Employee Refuses the Offer?

  • Valid Offers: If the employer makes a legitimate, written light-duty offer that fits perfectly within the medical restrictions, and the employee refuses it, the employer can file to terminate the employee's TTD benefits.

  • Invalid Offers: If the offer is vague, demands tasks beyond the medical restrictions, or was made in bad faith, the employee can contest it. In cases of a dispute, the Ohio Industrial Commission holds a hearing where an officer decides whether the offer was legally valid.

Lower Pay on Light Duty

If an employee accepts a light-duty job but it pays less or offers fewer hours than their pre-injury job, they don't just lose out. They can apply for Working Wage Loss (WWL) benefits through the BWC. This benefit pays two-thirds of the difference between their original average weekly wage and their new light-duty earnings.

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Choosing Spooner MAI as your Ohio BWC Managed Care Organization costs you nothing extra — and our best practices can save you significantly while returning employees to work faster.

Does an employer have to offer light duty work for a workers comp claim? | Spooner MAI