We all know the importance of bringing employees back to work once they recover from a work-related injury, but what happens when the employee is not physically capable of performing his/her regular, full-time job? Connecticut law requires employers to provide light duty work for the employee, where feasible, or risk being fined $500 by the Workers’ Compensation Commission and paying significantly more than necessary in weekly benefits to an injured employee.
Under the Connecticut Workers’ Compensation Act (“Act”) an Employer MUST Provide Light Duty Work When Available.
The Act provides that where an employee has suffered a compensable injury that disables him/her from his/her regular job, the employer at the time of the injury must transfer the injured employee to temporary full-time work suitable to his/her physical condition, where such work is available. The employee can be moved to a different position or given alternate job duties. The employer is not required to provide unrealistic or unfeasible accommodations (i.e., the injured employee can only work two hours per day). The obligation to offer suitable temporary work continues until the injured employee discontinues medical treatment or reaches maximum medical improvement, whichever is later.
So, what happens when the employer does not have suitable work available? The employee will be required to perform job searches. Commissioners do not closely scrutinize the legitimacy of these job searches and it usually results with an employee randomly picking and choosing any type of job, regardless of qualifications on the internet, and sending a job search contact list to the adjuster just to meet the minimum requirements to receive ongoing lost wages. Therefore, by accommodating injured employees with temporary light duty work on a broad basis, the employer not only meets their legal obligations under the Act, but it also helps an employer in future premium costs.
The ADA Requires an Employer to Eliminate or Change the Non-Essential Functions of a Position.
An employer must reasonably accommodate a disabled employee to the extent that the accommodation does not create an undue hardship. The ADA does not require an employer to create a new position for an employee requiring light duty work. However, the ADA does require that an employer permanently eliminate or change the non-essential functions of a position to make the job less physically demanding, when possible.
An Employee that Uses FMLA Leave Rather than Accept Temporary Light Duty Work Risks Having His/Her Workers’ Compensation Benefits Being Terminated.
The FMLA is not a mandatory “light-duty” work statute, but instead authorizes leaves of absence and related time off for a qualified employee who is restricted to light duty work. Therefore, an employer cannot require its employees to accept a light-duty position during their FMLA–protected employees’ compensation absence. However, if the employer offers suitable temporary light duty work, which the employee rejects, the Trust will move to terminate the employee’s weekly workers’ compensation benefits.
Offering Suitable Light Duty is the Right Approach!
It is in every employer’s best interest to create a temporary light duty position, where possible. Accommodating an injured employee allows the employer to meet their legal obligations under the Act and ADA. It is also financially beneficial as to future workers’ compensation premiums to provide light duty work whenever possible.
If you would like more information on implementing a return to work policy or need assistance placing an injured worker back into the workforce, please contact Robb Wright, Return to Work Specialist at the Trust (203)678-0185/wright@wctrust.com.
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