What Are Your Options When Your Florida Employer Pushes For A “Light Duty” Return?

When you’re recovering from a workplace injury, being asked to return to light duty can raise a lot of questions, especially if the work seems more demanding than your doctor recommends. Understanding your rights under light-duty workers’ compensation in Florida is key. In this article, we’ll explain…

• What “light duty” actually means under Florida law.
• Who decides if you’re ready for light duty.
• What legal options you have if your employer pushes too hard or too soon.

What Does Light Duty Mean Under Florida Law?

Light duty is an informal term used to describe work that accommodates medical restrictions without completely removing the employee from the workforce. While Florida law doesn’t precisely define light duty, it generally refers to modified tasks that fall short of full-duty responsibilities. These restrictions are based on functional limitations, such as lifting restrictions or limited use of a body part set by the treating physician.

Who Determines Fitness For Light Duty Work In A Florida Workers’ Comp Case?

Under Florida law, it’s your doctor not your employer who determines the medical restrictions following an injury. Your employer then evaluates whether they can offer you work within those restrictions. In practice, however, challenges often arise when:

• Job descriptions on paper don’t match the reality of what you are expected to do
• An employer insists the offered job fits the restrictions, but you disagree based on firsthand experience

In those cases, communication between you and your employer is encouraged. If no agreement is reached and you believe the light duty job exceeds your medical restrictions, the dispute can be brought before a judge of compensation claims to determine whether the job offer was reasonable.

Can I Get A Second Medical Opinion From My Employer’s Doctor If I Am Cleared For Light Duty?

Florida law allows you to request a one-time change of treating physician. However, it’s important to understand that this is not simply a second opinion; it’s a permanent change. Once the request is made and approved, you must stop seeing your original doctor and begin treatment with a new one.

Key points to know include the following:

• Employers and insurance carriers control the selection, assuming they respond within the legal timeframe
• If they fail to respond in time, you may be able to choose a replacement doctor
• Alternatively, you can pay out-of-pocket for an independent medical examination, which may support your case but does not automatically change treating physicians

Because of the potential long-term implications, requesting a change should be a carefully considered decision.

Matthew Romanik of Working For Workers has built a reputation in Florida for standing up to insurance carriers and employers who push injured workers back on the job too soon. With decades of experience in workers’ compensation law, his team has helped countless clients challenge unsafe or premature light duty assignments, often uncovering overlooked injuries and securing necessary treatment. From navigating one-time physician changes to advocating before judges, Mr. Romanik ensures your recovery takes priority over your employer’s timeline.

If your light duty job feels wrong for your injury, reach out to Working For Workers today to protect your health and your rights.

What Are My Legal Options If My Employer Threatens My Employment For Refusing Light Duty Work?

If the light-duty work clearly exceeds the restrictions set by your doctor, you have the right to refuse it. For instance, if your doctor limits you to lifting 20 pounds, and your employer asks you to lift 50, you are not required to comply.

If there’s a disagreement about whether the duties actually violate your restrictions, the matter can be brought before the judge of compensation claims. The judge will review the situation and determine whether the offered job was within your medical capabilities.

What Happens If The Light Duty Job Aggravates My Injury?

If a light duty assignment makes your injury worse, your employer is legally responsible for the aggravation, just as they would be for a new injury. Depending on the nature of the aggravation, it could be treated as:

• A continuation of the original injury, or
• A new injury with its own date of accident

Either way, you’re entitled to receive the appropriate medical treatment and benefits for the aggravated condition.

How Strategic Legal Guidance Helps Workers Avoid Risky Returns

One client we served, who was a dedicated worker with a prior knee injury, suffered an unrelated shoulder injury on the job. The insurance carrier assigned him to a physician who dismissed the seriousness of his condition, recommending only basic therapy. The client, believing something more serious was wrong, asked us to request a change of physician.

The carrier missed the deadline to choose the new doctor, allowing us to successfully get him back with a trusted orthopedic surgeon who had treated his knee in the past. That doctor ordered an MRI, which revealed a rotator cuff tear requiring surgery. The client underwent the necessary procedure, received full indemnity benefits during recovery, and eventually returned to work, earning even more than before.

This case shows how proper legal guidance can ensure that your medical care is both accurate and fair, and you need not be rushed back into your job before you’re truly ready.

Still Have Questions? Ready To Get Started?

For more information on light-duty workers’ compensation in Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (386) 388-6260 today.