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Light Duty and Work Restrictions on Florida Workers’ Comp: What You Can and Cannot Refuse

Home » Light Duty and Work Restrictions on Florida Workers’ Comp: What You Can and Cannot Refuse
Light Duty and Work Restrictions on Florida Workers' Comp

In Florida, you generally cannot refuse a light-duty job that fits within your doctor-authorized restrictions without losing wage benefits for as long as you refuse. You can, however, decline work that goes beyond those restrictions. If you are unsure whether an offer is suitable, talk to a workers’ compensation attorney before you say no.

Workers’ comp light duty is one of the most common turning points in a Florida claim. The offer usually arrives right after your authorized treating physician releases you with restrictions, and how you respond can change the size of every check that follows.

What Light Duty Means Under Florida Workers’ Compensation

Light duty, sometimes called modified duty or transitional work, is a temporary job that keeps you working while you heal. It might be the same position with lifting limits, a seated version of your usual job, or a different assignment such as answering phones or doing inventory. Employers offer it because it lowers what the insurance carrier pays in wage benefits.

Florida employers are not required to create a light-duty position. If no suitable work exists, you stay out of work and continue receiving the wage benefits that match your status. For a full breakdown of those benefit types, read our guide to TTD and TPD benefits in Florida workers’ comp.

How Work Restrictions Are Set

Only the authorized treating physician assigned through the claim sets your work status. After each visit, the doctor fills out a form known as the DWC-25, which lists your restrictions in concrete terms: maximum lifting weight, no overhead reaching, limits on standing or walking, no ladders, or a cap on daily hours. These restrictions are what the light-duty job must follow.

Read every DWC-25 carefully and keep a copy. If the form says you can lift 10 pounds and the job requires moving 30-pound boxes, the offer is not suitable, no matter what a supervisor says. If you believe the restrictions are too loose for what you can actually do, raise it with the doctor at your next appointment and describe specific tasks that cause pain.

Can You Refuse Light Duty Work on Workers’ Comp?

Under Florida Statute 440.15(6), an injured worker who refuses suitable employment offered by the employer is not entitled to compensation during the period of refusal, unless the Judge of Compensation Claims finds the refusal was justified. “Suitable” is the key word. A job is suitable when it fits your physical restrictions and is reasonably within your skills.

Refusals that are more likely to be justified include:

  • The job requires tasks your DWC-25 prohibits, such as lifting, climbing, or prolonged standing.
  • The position conflicts with medical appointments the carrier has authorized.
  • The offer is vague, verbal only, or changes once you arrive.
  • Your restrictions were changed after the offer was made.

A refusal does not end your medical care. It affects wage benefits. Even so, losing weekly checks can create financial pressure that pushes injured workers into a low settlement, so the decision deserves careful thought.

What Happens to Your Checks on Light Duty

If you accept light duty at lower pay, you may qualify for temporary partial disability (TPD) benefits. TPD is generally 80 percent of the difference between 80 percent of your average weekly wage and what you earn on light duty, up to the state maximum. If light duty pays the same or more than your pre-injury wage, TPD typically stops.

Your Situation Likely Benefit Status
Doctor says no work at all Temporary total disability (TTD) continues
Restrictions issued, employer has no suitable job TPD may be owed based on zero earnings
You accept light duty at lower pay TPD may cover part of the wage gap
You accept light duty at full pay Wage benefits usually stop; medical care continues
You refuse a suitable light duty offer Wage benefits can be suspended during the refusal

Practical Steps When You Receive an Offer

Ask for the offer in writing, including the job title, duties, hours, location, and pay. Compare each duty to your most recent DWC-25. If something does not match, put your concern in writing and send it to the adjuster and your employer. Many workers find it helpful to review our tips on returning to the job after a work injury in Florida before the first day back.

Once you start, follow your restrictions exactly. If a supervisor asks you to do something outside them, say no politely and report it. Keep a short daily log of tasks, hours, and symptoms. That log becomes useful evidence if your condition worsens or if the carrier later claims you refused work. Workers wondering whether to keep a second job during recovery should also read whether you can keep working while recovering from an on-the-job injury.

When Light Duty Makes Your Injury Worse

If the work aggravates your condition, tell your supervisor and request an appointment with the authorized doctor right away. Ask the doctor to update the DWC-25 to reflect your new limits. Don’t just stop showing up, because an unexplained absence can be treated as a refusal. A documented medical change is what protects your benefits.

How Light Duty Affects a Future Settlement

Your work status shapes settlement value. Insurers point to a successful return to light duty as proof that your injury is minor. On the other hand, a documented inability to do even modified work supports a higher value, especially once you reach maximum medical improvement. Understanding the broader rules in Florida workers’ compensation law helps you see how each decision now plays into the final number later.

Frequently Asked Questions

Do I have to accept light duty on Florida workers’ comp?

If the job is suitable and within your authorized doctor’s restrictions, refusing it can suspend your wage benefits. Medical benefits continue either way.

Can my employer fire me while I am on light duty?

Florida is an at-will state, but Florida Statute 440.205 prohibits firing or threatening an employee because of a valid workers’ compensation claim.

What if my employer has no light duty available?

Employers are not required to create a position. If no suitable work exists, you may continue receiving TTD or TPD benefits depending on your restrictions.

Can I see a different doctor if I disagree with my restrictions?

Florida allows a one-time change of authorized treating physician on request. You may also be able to obtain an independent medical examination.

Does light duty count toward reaching maximum medical improvement?

No. MMI is a medical finding about your recovery, not your job status. You can continue light duty until you reach MMI or your restrictions change.

Talk to a Florida Workers’ Comp Lawyer Before You Decide

A light duty offer is a decision point, not a formality. Sternberg | Forsythe represents injured workers in West Palm Beach, Boca Raton, and Orlando and can review your DWC-25, your offer letter, and your benefit history before you respond. When you call (561) 687-5660, a member of our team will ask about your injury, your restrictions, and the job offered, and you will leave the conversation knowing whether the offer looks suitable and what to do next.

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