Understanding Work Restrictions
Who Decides When You Can Return to Work?
Your Primary Treating Physician (PTP) has final authority over your ability to work and what restrictions apply. Neither your employer nor the insurance company can override your doctor's medical opinion.
Types of Work Status:
- Temporary Total Disability (TTD): Doctor says you cannot work at all. You receive full temporary disability payments (2/3 wages).
- Temporary Partial Disability (TPD): Doctor releases you to modified/light duty with restrictions. You can work but earn less than before. You receive partial TD to make up the difference.
- Return to Regular Duty: Doctor releases you to full work with no restrictions. Temporary disability ends.
What Are Work Restrictions?
Work restrictions are specific limitations your doctor places on your activities while you heal. They're legally binding—employers must accommodate them or not require you to work.
Common Work Restrictions Examples:
- • No lifting over 10 lbs
- • No overhead reaching
- • No prolonged standing
- • No climbing ladders
- • No repetitive bending
- • Sit-down work only
- • No driving
- • Frequent breaks required
- • Limited hours (4 hrs/day max)
- • Use of assistive devices
Modified Duty / Light Duty Work
What Is Modified Duty?
Modified duty is a temporary work assignment that accommodates your restrictions while you recover. It allows you to work and earn income without re-injuring yourself.
Legitimate Modified Duty Examples:
- ✓ Warehouse worker with back injury: Reassigned to desk work doing inventory tracking instead of lifting boxes
- ✓ Construction worker with shoulder injury: Moved to light equipment operator role requiring minimal overhead work
- ✓ Nurse with knee injury: Assigned to phone triage desk instead of floor rounds
- ✓ Delivery driver with wrist injury: Temporary dispatcher role until cleared for driving
When You MUST Accept Modified Duty
If all of these conditions are met, you're required to accept modified duty or risk losing temporary disability:
- 1. Your doctor approved the modified duty offer in writing
- 2. The work stays within your medical restrictions
- 3. The job is at your usual workplace or reasonable commuting distance
- 4. Pay is at least 85% of your pre-injury wage (if lower, you get partial TD to make up difference)
Warning: Employers sometimes offer "modified duty" as a trap to force you to quit or prove you can't work. If the assignment is impossible, clearly violates restrictions, or is designed to humiliate you, contact an attorney immediately. You may have a retaliation claim.
When You CAN Refuse Modified Duty
Valid Reasons to Refuse:
- 1. Exceeds Restrictions: Job requires lifting 30 lbs but doctor limited you to 10 lbs
- 2. Doctor Disapproves: Your PTP reviewed the job description and said it's not suitable
- 3. Unreasonable Location: Job is 60 miles away from your home when you worked locally before
- 4. Sham Assignment: "Job" is sitting in a closet doing nothing to humiliate you into quitting
- 5. Unsafe Conditions: Hazard that caused your injury hasn't been corrected
- 6. Increases Pain/Symptoms: You tried the modified duty and it worsened your condition (report to doctor immediately)
Partial Temporary Disability for Lower Pay
If you accept modified duty that pays less than your pre-injury job, you receive partial temporary disability to make up some of the difference.
Calculation Example:
Before injury: Earned $1,000/week as warehouse supervisor
Modified duty: Data entry clerk earning $600/week
Lost wages: $1,000 - $600 = $400/week
Partial TD payment: $400 × 2/3 = $266.67/week
Total weekly income: $600 (wages) + $266.67 (TD) = $866.67
You still earn less total, but partial TD cushions the blow until you can return to regular work.
Employer Pressure Tactics & How to Respond
Common Pressure Tactics
Employers often push injured workers to return before they're ready. Recognize these tactics:
Tactic #1: "We Need You Back—Just Push Through the Pain"
Employer appeals to loyalty or claims they're short-staffed. They minimize your injury severity.
Response: "My doctor hasn't cleared me. I need a medical release before I can return."
Tactic #2: "If You Don't Come Back, We'll Have to Eliminate Your Position"
Veiled threat of job loss to force early return.
Response: Document this threat immediately. This is likely illegal retaliation under Labor Code 132a.
Tactic #3: Direct Contact with Your Doctor to Get Earlier Release
Employer or insurance adjuster calls your doctor trying to convince them you can work.
Response: Tell your doctor about pressure. Request everything in writing. Your attorney can intervene if inappropriate contact continues.
Tactic #4: Offering Modified Duty That Violates Restrictions
Job description looks good on paper but actual duties exceed restrictions.
Response: Get modified duty offer in writing. Have your doctor review it before accepting. If actual work differs, document and report immediately.
Tactic #5: "Busy Work" Modified Duty to Force You to Quit
Assigning demeaning, meaningless tasks (sitting in storage room, cleaning toilets) to humiliate you.
Response: This is constructive discharge / retaliation. Document everything. Contact attorney immediately for wrongful termination claim.
Refusing Unsafe Work
Your Right to Refuse Dangerous Conditions
Labor Code §6310 and Section 6311 protect workers who refuse to perform work when:
- • Violation of safety regulations creates real danger of death or serious injury
- • Hazard cannot be immediately eliminated
- • Worker has no reasonable alternative
Examples of Protected Refusals:
- ✓ Falling from scaffold that injured you previously, and scaffold still hasn't been repaired
- ✓ Operating machinery that malfunctioned and caused your injury, and defect hasn't been fixed
- ✓ Refusing to work without required safety equipment (respirator in toxic environment, harness for heights)
- ✓ Declining to enter structurally unsound building or trench without proper shoring
How to Properly Refuse Unsafe Work
- 1. Inform supervisor immediately of the specific safety hazard
- 2. Request hazard correction before performing the task
- 3. Document your refusal in writing (email or text to supervisor stating safety concerns)
- 4. Report to Cal/OSHA if employer retaliates or forces you to work unsafely (800-321-6742)
- 5. Contact attorney if fired or punished for refusing unsafe work
Retaliation for Filing Workers' Comp (Labor Code 132a)
It's Illegal to Punish Workers for Filing Claims
Labor Code §132a prohibits employers from discriminating against or firing employees for:
- • Filing a workers' compensation claim
- • Sustaining an injury that requires filing a claim
- • Being unable to work due to work injury
- • Testifying about workplace safety violations
Forms of Illegal Retaliation:
- • Termination / firing
- • Demotion or reduction in hours
- • Harassment or hostile work environment
- • Assignment to demeaning tasks
- • Threatening immigration consequences
- • Exclusion from meetings or opportunities
- • Pressure to resign
Damages for Retaliation Claims
If you're fired or punished for filing workers' comp, you can sue separately for retaliation and recover:
- • Lost wages: Back pay and future lost earnings
- • Reinstatement: Getting your job back
- • Emotional distress damages
- • 50% increase in workers' comp benefits (penalty against employer)
- • Punitive damages to punish employer
- • Attorney fees and costs
Example: Worker filed workers' comp claim for back injury. Employer fired her two weeks later claiming "performance issues" (despite positive reviews before injury). Worker sued for 132a retaliation and received $180,000 (lost wages + emotional distress + 50% increase in WC benefits + punitive damages).
What If Your Job No Longer Exists?
Supplemental Job Displacement Benefit (SJDB)
If you can't return to your previous job due to permanent restrictions, and your employer doesn't offer suitable modified work, you qualify for a $6,000 voucher for:
- • Job retraining courses
- • Vocational certification programs
- • Tuition at community colleges or trade schools
- • Job placement services
- • Skills assessment and counseling
This is in addition to your permanent disability settlement, not instead of it. The return-to-work supplement may also apply for eligible workers.
When Job Elimination Is Retaliation vs. Legitimate
Suspicious / Likely Retaliation:
- • Your position eliminated shortly after filing claim
- • Someone else immediately hired to do your old job under different title
- • No other layoffs in company
- • Timing coincides with claim filing
- • Employer made threats before "eliminating" position
Legitimate Restructuring:
- • Entire department eliminated due to business downturn
- • Multiple positions cut across company
- • Documented financial hardship
- • Position truly doesn't exist anymore
- • Employer offered comparable alternative position
If you suspect retaliation disguised as restructuring, consult an attorney. Timing and circumstances matter.
Practical Tips for Return-to-Work Process
Communicate Openly with Your Doctor
Report all pain, symptoms, and work-related concerns honestly. Don't downplay symptoms to return faster. Your doctor can only make accurate decisions with complete information.
Get Everything in Writing
Request written job descriptions for modified duty. Get medical releases in writing. Document all communications with employer about return to work. Email creates paper trail.
Try Modified Duty If Doctor Approves
If your doctor clears you for modified work within restrictions, accept it. Refusing without cause ends temporary disability. You can always report problems if the work exceeds restrictions.
Track Your Symptoms
Keep a pain journal noting dates, activities, and symptom changes. If modified duty worsens your condition, this documentation helps your doctor revise restrictions.
Know Your Financial Picture
Understand that accepting lower-paying modified duty means partial TD, not full wages. Calculate whether you can afford the pay cut before refusing suitable work.
Don't Rush Recovery for Employer's Benefit
Follow your doctor's timeline, not your employer's pressure. Returning too soon risks re-injury, longer recovery, and worse permanent disability.
When to Contact an Attorney
Get legal advice immediately if:
- • Employer is pressuring you to return before medical release
- • Modified duty offer exceeds your restrictions
- • You were fired or demoted after filing workers' comp claim
- • Employer threatens job loss if you don't return
- • Insurance company stopped temporary disability payments claiming you refused "suitable work"
- • Modified duty assignment appears designed to humiliate or force you to quit
- • Employer won't accommodate your doctor's restrictions
- • Your job was eliminated shortly after filing a claim
Why early intervention matters: Once temporary disability stops, it's harder to restart. Once you accept unsuitable work, you've waived the right to refuse. An attorney protects your benefits and prevents costly mistakes.
Free consultations. We review your return-to-work situation, medical restrictions, and modified duty offers at no cost. Contingency fee only (15%). No upfront payment.