Modified Duty: Can Your Employer Change Your Job After a Workers’ Compensation Injury in Florida?
You get injured on the job in Fort Lauderdale, file a workers’ compensation claim, and are eventually cleared to return to work with restrictions. However, your employer is offering a different position, changed job duties, or a schedule that looks nothing like what you worked before.
Is this legal, and can accepting these changes affect your benefits? If you are returning to work on modified duty, our experienced Fort Lauderdale workers’ compensation lawyer explains what your employer can and cannot do.
What Florida Law Says About Modified Duty and Job Changes After a Fort Lauderdale Workers’ Comp Injury
Under Florida workers’ compensation law, employers may offer injured workers modified or light-duty positions, provided they fall within the restrictions documented by the authorized treating physician. The Florida Division of Workers’ Compensation warns that if workers refuse a bona fide offer of employment, their temporary disability benefits may be reduced or suspended.
However, to be valid, a modified duty offer must meet specific criteria. Situations that fall outside what the Florida Statutes allow include:
- The position requires physical activity that exceeds your documented medical restrictions.
- The offered wage is significantly lower than your pre-injury earnings.
- The new duties make the job uncomfortable enough that you quit voluntarily.
- The position is located at a different worksite, creating an unreasonable hardship.
- The job change appears timed to retaliate against you for filing a workers’ comp claim.
Retaliation against workers who file claims is prohibited under Section 440.205 of the Florida Statutes, and a job change that appears punitive rather than accommodating may cross that line.
Returning to Work? Steps to Protect Your Fort Lauderdale Workers’ Compensation Benefits
Be cautious when responding to any modified duty offer made by your employer. Accepting before you fully understand the implications can jeopardize your rights to workers’ compensation benefits in Fort Lauderdale. To protect yourself in this situation, take these steps:
- Compare the duties of the offered position against your current medical restrictions and confirm with your authorized treating physician that the role is appropriate.
- Review the wage offered and calculate how it compares to your pre-injury earnings.
- Document the offer in writing, including the job title, duties, location, hours, and pay rate.
- Note the timing of the offer in relation to your injury and claim, particularly if it came shortly after you got legal help.
An experienced lawyer can evaluate whether a job offer meets the legal standard for a legitimate modified duty position and advise you on how to respond.
Request a Consultation With An Experienced Workers’ Compensation Lawyer in Fort Lauderdale
If you are cleared for modified duty but your employer offers a different position or pay, contact the Law Offices of David M. Benenfeld, P.A. Our experienced Fort Lauderdale workers’ compensation lawyer can review the offer, determine whether it meets the legal standard, and take the necessary legal actions to protect your benefits.
To get started, request a consultation at our Sunrise, Fort Lauderdale, or West Palm Beach office today.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/0440.html