Work Restrictions and Light Duty
Work Restrictions and Light Duty
What restrictions actually do
Under the Act, "disability" means the inability to earn the wages you were earning at the time of injury. Whether you can work, and what you can earn, is what drives your compensation. Restrictions are the medical statement that decides it.
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Total disability means you can't do any work because of the injury. Partial disability means you can't do your old job but can do lighter or modified work.
Why vague restrictions cause problems
"Light duty," standing alone, is close to useless in this industry. A restriction that doesn't name specific limits gets interpreted by whoever is reading it. Usually not in your favor.
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Useful restrictions read like this:
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No lifting over 25 pounds from floor to waist; no lifting over 15 pounds above shoulder height
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No repetitive overhead reaching with the right arm
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No ladder or vertical access climbing
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No working at heights or on unprotected edges
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No sustained crouching or kneeling beyond 10 minutes
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No operating vibrating equipment for more than 2 hours per shift
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Seated work permitted with position change every 45 minutes
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Those can be staffed around. "Light duty" can't.
Light duty on the waterfront
If your employer offers modified work within your restrictions and you can do it, that generally affects your compensation. Partial disability is paid on the difference between what you earned before and what you can earn now.
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Two things to watch. First, make sure the job offered actually fits the restrictions as written, not a loose reading of them. Second, if the modified work makes your symptoms worse, tell your physician promptly so the restrictions can be reassessed. Working through it quietly doesn't help you and it muddies the record.
Getting off work
If your physician takes you off work, notify your employer and give them the report or disability slip describing your condition and how long you're expected to be off. Notify the claims adjuster too.
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If you're out more than three days, the first payment is generally due 14 days from the date the employer first knows about your lost wages, and it isn't considered overdue until 14 days after that. If the employer or carrier disputes liability, they must file a Notice of Controversion, Form LS-207, stating why and you're entitled to a copy.
What we do
We write restrictions in job-specific language because we know what the work involves. We reassess on a schedule rather than leaving stale restrictions in place. And we turn around work status reports within 24 hours, because a restriction that arrives two weeks late has already cost you shifts.
Navigating Your Medical Rights
Under the LHWCA, you have the right to choose your own physician. You are not required to see a doctor selected by your employer or insurance carrier. This ensures your medical care is focused solely on your recovery and accurate documentation of your injury.
Have questions about your claim or need a medical evaluation?