What are my right regarding light duty?

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What are my right regarding light duty?

I was working for a company and was injured on the job. My company has no light duty positions to offer and my doctor has released me to do light duty. Now my employer is asking me to travel to another state and work for a non-profit organization until full release from my doctor. My employer is willing to pay for my time at a decreased pay rate but it will cost me more in the long run than I am currently marking on worker’s comp. Therefore putting me in debt further than I already am.

Asked on August 12, 2016 under Employment Labor Law, West Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You have no rights regarding light duty, unless there is a written contract or agreement guarantying you light duty at need. (Companies can voluntarily give you light duty without a contract, ut it *is* voluntary for them to do this--they don't have to.) Otherwise, an employer is not required to create a new job for you, to move you to a different job, or to let you only do part of your job--they can require you to do all aspects of your job, and if you can't, they could terminate you. So the company is not even required to give you the non-profit/reduced rate option; they could simply terminate you if you can only do light duty, not your job.


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