Return To Work/Job Offer?

A light-duty job offer must align with the medical restrictions placed by your physician. If the offered position feels too strenuous or goes beyond your physical capabilities, it’s critical to consult both your treating doctor and an experienced workers’ compensation attorney immediately.

Sometimes, employers use light-duty jobs as a strategy to reduce or stop wage loss benefits. If your doctor agrees that the light-duty position exceeds your medical limits, you can refuse it- and that opinion becomes evidence in your favor. If you decline the offer without medical support, however, your employer could file to suspend or reduce your benefits.

Our legal team will review the job description, medical evaluations, and timelines to guide you on the best course of action. We’ll also represent you in court, if necessary, to protect your health and benefits.

Refusing to return after being cleared- especially by a doctor from an IME- can put your benefits at risk. However, you are not without recourse. First, you should discuss the situation with your own physician. If your doctor disagrees with the IME findings and documents valid medical reasons for your continued absence from work, you are within your rights to refuse the offer.

Your employer or their insurance company may respond by filing a petition to modify or stop your benefits, but no change will occur until a Workers’ Compensation Judge rules on the matter. During this time, your benefits continue. At Georgelis Larsen & Sabatino, we’ve helped countless workers challenge premature return-to-work efforts and defend against attempts to cut off benefits. Our legal team gathers medical records, job descriptions, and expert testimony to build a solid defense in your favor.

Yes, under Pennsylvania law, your employer can offer you alternative employment, such as a light-duty or modified role that fits within your medical restrictions. However, they cannot require you to accept a job that is inconsistent with your restrictions. These roles must also be legitimate, meaning they should not be created solely to reduce your compensation.

If a job is significantly different from your original duties and you’re not comfortable accepting it, your best option is to consult with a seasoned workers’ comp attorney. At Georgelis Larsen & Sabatino, we examine whether the job truly matches your restrictions and whether accepting it could jeopardize your health or benefits. We’ll advocate aggressively on your behalf to ensure you aren’t being manipulated into an inappropriate or token position.

If the light-duty role pays less than what you earned before your injury, you may be eligible for partial disability benefits. These benefits are designed to make up the difference between your pre-injury wage and your current light-duty income. The exact amount is calculated based on Pennsylvania’s workers’ compensation formula, which typically pays two-thirds of the wage difference, up to a maximum amount.

It’s essential to ensure that the job being offered is legitimate and within your medical capabilities. Accepting a lower-paying job just to preserve some income could be a mistake if it compromises your long-term recovery or reduces your rightful compensation. Our firm can help review your wage records, assess the legitimacy of the offer, and ensure that your financial rights are fully protected.

If your treating physician releases you for light-duty work, but your employer does not have such a position available, then you can continue receiving your full workers’ compensation wage loss benefits. You are not required to return to full duty until medically cleared.

However, insurance companies may try to find alternative employment for you through a vocational expert. These attempts must follow strict legal procedures and can be challenged with proper representation. At Georgelis Larsen & Sabatino, we ensure that your employer and their insurer follow the rules and don’t push you into roles that don’t exist or aren’t appropriate. We’ll also monitor attempts to modify your benefits and intervene quickly if your rights are at risk.

A vocational interview is typically arranged by your employer’s insurance company and conducted by a vocational expert to assess your ability to return to some form of work. The goal is to prepare a labor market survey showing that suitable jobs are available to you, which could lead to a petition to suspend or reduce your benefits.

Refusing to participate may be used against you. However, you have rights during the process. You can have your attorney present, and you don’t have to answer questions that go beyond the scope of your work limitations. Our team will prepare you for this meeting, monitor the process, and challenge the accuracy of any vocational assessments used to reduce your compensation. Don’t attend a vocational interview without speaking to us first.

If your injury worsens after returning to work- whether it’s full-duty or light-duty- it’s vital to report the issue immediately to your employer and treating physician. From there, you may be able to file a Reinstatement Petition to resume or increase your workers’ compensation benefits. Medical documentation will be critical.

Timing is also crucial; delays in reporting a worsening condition may weaken your case. At Georgelis Larsen & Sabatino, we guide injured workers through the reinstatement process and work to prove that the attempted return to work was premature. If your condition has deteriorated due to the demands of the job, we’ll gather the medical evidence, expert opinions, and legal arguments needed to restore your benefits and protect your health.

Being fired after refusing a job offer or returning to work is not uncommon- and it does not automatically eliminate your right to workers’ compensation benefits. If you were terminated in retaliation or because you couldn’t perform the job due to your injury, you may still be eligible for wage loss benefits. The key is whether you had the capacity to work at the time of termination.

If your injury truly prevented you from performing your job duties, you remain eligible. However, if your refusal was deemed unjustified, your employer may try to suspend or modify your benefits. Our attorneys will investigate the firing, review your medical history, and fight to ensure you’re not unfairly penalized. With Georgelis Larsen & Sabatino on your side, you can challenge wrongful terminations and preserve your benefits.

At Georgelis Larsen & Sabatino, we’ve built a reputation on protecting injured workers from pressure, manipulation, and tactics used by employers and insurance companies to minimize benefits. If you’re feeling pressured to return to work before you’re ready, we step in to immediately analyze your medical records, job offers, IME reports, and any petitions filed by your employer.

We explain your rights in plain English and create a custom legal strategy that puts your health and future first. Whether it’s negotiating continued benefits, challenging vocational reports, or representing you in front of a judge, we handle every aspect of your case. We also make sure no deadlines are missed and that you’re never blindsided by employer actions. And remember- we don’t get paid unless we win. That’s the Georgelis difference. Call us 24/7 at 717-394-3004 to schedule your free consultation.