If you sustain an injury at work in New Jersey, the road to recovery may appear lengthy. Your focus is on recuperating, handling medical appointments, and coping with the financial strain of being unemployed. Then, you get a call from your employer. They have a “light duty” position available for you.

On the surface, such a deal sounds like positive news. It is a chance to get back to work, earn a paycheck, and transition back to your normal routine. However, for many claimants, a light duty offer is not a simple lifeline. It is often the start of a new set of complex problems, disputes, and pressures that can jeopardize both your health and your New Jersey workplace injury claim.

While light duty is designed to be a bridge back to full employment, it is frequently a source of significant conflict. Many injured workers face issues ranging from assignments that violate their medical restrictions to outright retaliation. This article explores the most common issues claimants face with light-duty work in New Jersey and outlines the steps you can take to protect yourself.

What Is “Light Duty Work” in New Jersey Under the Law?

In the context of New Jersey workers’ compensation, “light duty” or “modified duty” refers to a temporary job or a set of tasks given to an employee who is recovering from a work-related injury. This employee is not yet medically cleared to return to their original, full-capacity job, but they are able to perform some type of work within specific physical or mental limitations.

The key to any valid light duty offer is the set of restrictions provided by the authorized treating physician. This is the doctor approved by your employer’s workers’ compensation insurance carrier to manage your care.

This doctor is responsible for issuing a report that provides medical clearance for light duty in NJ. This report should be specific, outlining exactly what you can and cannot do. Vague instructions like “light work” are often a source of problems. A proper set of restrictions should specify limitations such as

• No lifting or carrying more than 10 pounds.
• No standing or walking for more than 20 minutes per hour.
• No repetitive bending, twisting, or reaching.
• Permission to sit as needed (sedentary work).

This medical report defines the only work you are legally obligated to perform.

Does My Employer Have To Offer Me a Light Duty Job Position?

This is one of the most common misconceptions among injured workers. Employers in New Jersey are not required by law to offer light-duty work. They are not obligated to create a new position or modify an existing one to fit your restrictions.

This decision creates two distinct paths for an injured worker:

1. If Your Employer Does Not Offer Light Duty: If your employer states they have no work available that fits your doctor’s limitations, you generally continue to receive temporary disability benefits in NJ. These benefits are a form of wage replacement, typically covering 70% of your average weekly wage (up to a state maximum). You continue to receive these benefits until you are either cleared to return to full duty or you reach Maximum Medical Improvement (MMI), which is the point where your condition is stable and unlikely to improve further.
2. If Your Employer Does Offer Light Duty: If your employer does offer you a position, it must be suitable. This means the job must comply with all the medical restrictions set by your authorized physician. These employer accommodations for NJ workers’ comp are not optional; the job must genuinely fit your limitations.

The Major Conflict: Refusing Light Duty Work in New Jersey

Here is where many claims go wrong. If your employer makes a suitable offer of light-duty work—meaning it aligns with your doctor's written restrictions—and you refuse to accept it, your employer's insurance carrier can file a motion to terminate your temporary disability benefits.

Refusing a valid offer is considered voluntarily removing yourself from the workforce. However, you are not obligated to accept an unsuitable offer. This is a critical distinction that leads to many workers’ compensation disputes in New Jersey.

You may be justified in refusing a light duty offer if:

• The job's actual tasks require you to violate your medical restrictions.
• The hours are drastically different (e.g., you are moved from day shift to overnight).
• The job location was moved to a new, unreasonable commute.

Simply disliking the new tasks, finding them boring, or preferring to stay home and collect benefits are not valid reasons for refusal. Making the wrong call at this stage can have immediate and severe financial consequences. You should not refuse any light duty offer without first speaking to a New Jersey workers’ compensation lawyer.

Common Light Duty Work Assignment Problems That New Jersey Workers Face

Even when an employee accepts a light duty offer, the problems are often just beginning. The job description on paper may not always align with the actual duties assigned to you.

The "Bait and Switch": When the Job Violates Your 'Return to Work Restrictions NJ'

This is the most frequent and dangerous issue. You may accept an offer for "sedentary office work" that matches your 10-pound lifting restriction. On your first day, your supervisor asks you to move boxes of files, help unload a small delivery, or cover for someone in the stockroom "just for a few minutes."

This "bait and switch" puts you in an impossible position:

• If you perform the task, you risk re-injuring yourself, setting your recovery back by weeks or months, and potentially causing permanent damage.
• If you refuse the task, you risk being labeled "insubordinate" or "uncooperative," which your employer may use as a pretext to fire you or to support the insurance carrier's motion to stop your benefits.

Pressure From Management and Co-Workers

Sometimes the pressure is less direct. A manager may express dissatisfaction with the team's progress, suggesting that you are not contributing adequately. Co-workers may make comments or treat you with hostility.

This workplace pressure can cause you to push yourself beyond your workplace restrictions after an injury in NJ, either to prove you are a team player or simply to avoid conflict. This can be just as dangerous as a direct order from a manager.

Ambiguous Restrictions and Vague Offers

A light-duty offer can be problematic when it is not specific. Your employer might simply tell you to "come in and we'll find something for you to do." Such an offer is a red flag.

Without a defined, written job description for the light duty role, there is no official record of what you are supposed to be doing. This makes it easy for an employer to gradually increase your workload until you are working outside your restrictions. Similarly, a doctor's note simply stating "light duty" without specific limitations is not helpful and can potentially lead to abuse.

Pay Cuts and Reduced Hours on Light Duty

A light-duty position does not always come with the same pay rate or the same number of hours as your regular job. Your employer can legally pay you a lower wage for a light-duty role, as long as it is at or above minimum wage.

If you are working light duty at reduced hours or a reduced rate of pay, you may be eligible for temporary partial disability benefits. These benefits are meant to make up a portion of the difference between your pre-injury wage and your current, lower wage. However, calculating and receiving these workers' comp benefits in NJ correctly often requires careful review from an attorney.

What to Do About Suspected 'Workers' Comp Retaliation New Jersey'

Filing a workers' compensation claim is a protected right. New Jersey labor laws, including workers' comp, prohibit an employer from firing, demoting, harassing, or otherwise discriminating against an employee simply for filing a workers’ compensation claim or sustaining a work injury.

Unfortunately, workers' comp retaliation in New Jersey still happens. It is often disguised as a "business decision." An employer may claim a light duty assignment "isn't working out" or that your position was "eliminated" during your absence.

Signs of potential retaliation include:

• Being fired shortly after accepting or requesting light duty.
• Being assigned to a clearly punitive, demeaning, or isolated job.
• Sudden, unexplained negative performance reviews.
• Being excluded from meetings or communications you were previously part of.

Proving retaliation is difficult, as you must show a direct link between your workers' comp claim and the negative action. This is a serious legal matter that requires the immediate attention of an attorney specializing in employment injuries in New Jersey.

Navigating 'Workers' Compensation Disputes New Jersey'

If you find yourself in a dispute over a light-duty position, you must act strategically to protect your New Jersey workers' comp rights.

What Happens if Your Benefits Are Stopped?

If the insurance carrier stops your temporary disability benefits because they claim you refused suitable work, do not panic. An insurance carrier cannot unilaterally "deny" your claim forever. Their "stop" is just the beginning of a legal dispute.

Your attorney will immediately file a Claim Petition and/or a Motion for Medical and Temporary Benefits with the New Jersey Division of Workers' Compensation. This forces the insurance carrier to defend their decision before a Judge of Compensation. The judge, not the insurance company, will ultimately decide if the light-duty offer was suitable and if your benefits should be reinstated.

Disagreements Over Your Medical Limitations

What if you believe the authorized treating doctor’s restrictions are wrong? You may have been cleared for light duty, but you are in so much pain that you can't work. Alternatively, the restrictions may be too vague.

In this situation, your attorney can help you get a second opinion or an Independent Medical Examination (IME). This procedure is an evaluation by a neutral, third-party doctor who will assess your condition and offer their own medical opinion on your ability to work. You can challenge the insurance company's doctor and fight for the benefits you deserve in court using this IME report as powerful evidence.

How a 'New Jersey Workers' Compensation Lawyer' Protects Your Rights

Trying to manage a light-duty dispute on your own is extremely risky. The insurance adjuster and your employer have a team of professionals working to protect their financial interests, which often means limiting or denying your benefits. You need an expert on your side.

A Newark workers' compensation lawyer or an attorney in your local area can protect your injured worker rights in New Jersey in several important ways:

• Reviewing the Offer: Before you accept or refuse any light duty offer, your lawyer will demand a written job description and compare it, line by line, to your doctor's medical restrictions.
• Communicating for You: Your attorney will be the one to communicate your refusal (if justified) to the employer and insurer, building a legal record as to why the job is unsuitable.
• Fighting Benefit Denials: If your benefits are cut, your lawyer will immediately file the necessary motions to get you in front of a judge and fight for reinstatement.
• Challenging Medical Opinions: They will depose the company’s doctor and use IMEs to challenge improper or premature medical clearances.
• Protecting You From Retaliation: If you are fired or punished, your attorney can advise you on your rights and potential actions under New Jersey's anti-retaliation laws.
• Maximizing Your Settlement: How a light duty dispute is handled can significantly impact your final workers' comp settlement. Your attorney ensures your eligibility for all benefits, including permanent disability, is fully protected.

Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away

A light-duty offer should be a step toward recovery, not a trap that ends your benefits and risks your health. If you have been injured at work and are facing a complex light-duty situation, you do not have to face your employer and the insurance company alone.

At Brandon J. Broderick, Attorney at Law, we have helped countless injured workers in New Jersey navigate these exact challenges. We understand the tactics employers use and the strategies needed to protect your rights. We will review your light duty offer, advise you on the best course of action, and fight to ensure you receive every dollar of the benefits you are entitled to.

Contact us today for a free consultation. We are available day or night to assist you.