If you have been released to light duty and your employer refuses to accommodate those restrictions, then your workers compensation wage loss benefits will continue. In a claim that is denied, then the potential liability for workers compensation wage loss benefits continues to accrue against the workers compensation insurance carrier, should your claim petition be granted.
Not all employers have light duty. That can be frustrating for an injured worker who wishes to get back to work. Many do. Wage loss benefits do not equate to regular wages, causing additional wage loss for the injured worker. Injured workers receive 90% of their pay, 2/3 of their pay, or a statutorily designated amount based on the average weekly age established by the Pennsylvania Department of Labor & Industry. You can read more about that here.
For a denied claims, many times injured workers are not provided light duty. That causes significant financial stress because the injured worker has no income. At that point, an injured worker can file for unemployment compensation benefits due to non-accommodation. You can read more about that here. If your claim petition is ultimately granted, then the insurance carrier will receive a credit for unemployment benefits received.
Light duty job offers can come when the treating doctor releases the injured worker to return to work with restrictions. Light duty job offers will also be made when a doctor chosen by the insurance carrier, based on an IME, releases the injured worker to return to work. There is a distinct difference and you can read about that here.
If you have been injured at work, call Mooney Law today for a free consultation. Workers Compensation and litigation that happens often in workers compensation is quite complex. Mooney Law is trusted, proven, and results driven in Workers Compensation. Our consultations for work-related injuries are always free. Call today at 717-200-HELP or 717-632-4656. You can also visit Mooney Law on the web for more information. You can also drop us an email to schedule an office or phone consultation at info@mooney4law.com.
