As a construction worker, you regularly put your body to the test. Through lifting, pushing, and pulling all day, every day, you can easily strain your back. And considering the heights you climb to, the balance much of your work requires, and the amount of equipment around you, there is virtually always a risk of serious injury.
Getting hurt on the job can result in a workers’ compensation claim to help you manage your finances while you are unable to complete your regular work duties. And after recovering from job-related medical problems, your boss must allow you to return to work.
However, your doctor might allow you to return to work on a restricted basis. You may have permission to get back to earning an income, although you might need to complete light-duty jobs until you are healthy enough to do your regular job.
Understanding Light-Duty Construction Jobs
Light-duty or modified-duty assignments are job roles that are physically less demanding than your usual tasks. These roles are typically assigned based on a physician’s medical recommendation after you’ve undergone a Functional Capacity Evaluation (FCE) or Independent Medical Examination (IME). These assessments determine your physical limitations and whether you’re able to return to work safely.
The term “light-duty” doesn’t have a one-size-fits-all meaning. It varies by employer, job site, and the nature of your injuries. For instance, a worker recovering from a rotator cuff tear may be restricted from performing tasks that require overhead lifting. At the same time, someone with a herniated disc may be limited in the duration they can stand or bend. These restrictions form the foundation of what tasks you are cleared to perform and which duties must be avoided.
Depending on your situation, it may not be wise to return to work until you have fully recovered. However, completing tasks that take less of a toll on your body may allow you to return to work while your body heals.
Common Light-Duty Tasks in Construction Settings
Although construction is generally physically intensive, many companies offer transitional roles for employees who have been injured. These can include administrative, safety-related, or inspection-based duties that reduce physical strain.
Such light-duty tasks may include:
- Assisting with procurement by ordering materials or tracking inventory
- Inspecting vehicles, tools, or job sites for safety compliance without engaging in physical labor
- Updating worksite manuals or maintaining OSHA compliance documentation
- Coordinating deliveries or managing logbooks from the job trailer or office
- Answering phones, inputting reports, or performing computer-based scheduling
The goal of these temporary assignments is to keep you engaged in the workforce while respecting your physical restrictions. If these duties are not aligned with your medical clearance, you may have the legal right to decline them without affecting your benefits.
Legal Obligations of Employers Under Workers’ Compensation Law
Under California Labor Code §4658, employers have a responsibility to offer suitable work when a doctor has released an injured worker with limitations. This includes providing light-duty roles when available and engaging in an interactive process, a legal obligation under the Americans with Disabilities Act (ADA), to explore reasonable accommodations.
If your employer refuses to offer such work or attempts to force you back into full-duty roles against medical advice, you may be entitled to continue receiving Temporary Total Disability (TTD) benefits or file a dispute through the Division of Workers’ Compensation (DWC). A Qualified Medical Evaluator (QME) may also be assigned to resolve any disputes between you, your employer, and the claims administrator.
What is Temporary Partial Disability (TPD)?
If you can return to work in a limited or modified capacity, you may qualify for Temporary Partial Disability (TPD) benefits. These benefits compensate you for the wage differential between your light-duty income and your regular wage.
For example, if you earned $1,200 per week before your injury and now only earn $800 in a light-duty role, you may be entitled to receive partial compensation for the $400 gap. The claims administrator assigned to your case will calculate this based on your medical status, employer’s wage offer, and labor code regulations.
Should You Accept a Light-Duty Job?
This depends entirely on your medical clearance and the nature of the proposed job. If your treating physician believes that performing light-duty work could facilitate your recovery without causing harm, they may approve such a return. However, if you’re still in significant pain, limited in movement, or feel unsafe performing any task, you should inform both your doctor and employer immediately.
Returning to work prematurely, especially in a task not aligned with your restrictions, can aggravate your injury, delay your full recovery, and complicate your workers’ compensation claim.
Make sure to:
- Request a written job description
- Confirm that your medical limitations are documented and communicated
- Clarify the job’s physical demands, hours, and pay structure
- Inform your attorney or adjuster if anything seems inconsistent
What If You Get Re-Injured on Light-Duty?
This is a scenario many injured workers fear—and rightly so. If you suffer additional harm while performing light-duty tasks, the incident must be reported immediately. Your claim may be reopened, and your benefits adjusted or extended. In most cases, a second IME or QME will reassess your new condition, update your treatment plan, and adjust your return-to-work schedule.
Timeline for Light-Duty Assignments
Most light-duty roles are temporary and transitional in nature. In California, workers typically remain on modified duty for 4 to 12 weeks, depending on the nature of the injury and the rate of healing progress. However, this timeline is flexible and depends on ongoing medical evaluations.
You should attend every scheduled follow-up with your physician, and you may be required to undergo periodic assessments like a follow-up FCE to evaluate your functional recovery. If your condition improves, you may be cleared to return to regular duties. If not, you may be considered for Permanent Partial Disability (PPD) or vocational retraining programs.
What to Do If Your Employer Refuses a Light-Duty Job
Your employer is not legally required to create a light-duty position if none exists. However, if a position is available and you are medically cleared. They refuse to offer it for discriminatory or retaliatory reasons, this may constitute a violation of workers’ compensation laws or even the ADA.
In such cases, your attorney can file a Petition for Penalties or escalate the matter to the Workers’ Compensation Appeals Board (WCAB). Documentation is critical; keep records of all conversations, emails, and medical reports.
FAQs: Returning to Work After Construction Injury
Can I say no to a light-duty job?
Yes, if the role does not align with your doctor’s written restrictions. However, if you refuse a medically appropriate offer, you risk suspension of benefits.
Can I switch from full-duty back to light-duty?
Yes, if new symptoms arise or your condition worsens, your doctor may revise your work restrictions and reinstate a light-duty arrangement.
How long does my employer have to respond to my clearance?
There is no fixed period; however, failure to respond within a reasonable time can impact your claim. Follow up with your claims adjuster if delays occur.
Can I return to full duty even if I still feel pain?
Only if your doctor releases you without restrictions. If you are still in pain, you should request a re-evaluation or a second opinion.
What if I need job retraining?
If you are unable to return to your original job, you may qualify for a Supplemental Job Displacement Benefit (SJDB) in California, which includes a retraining voucher worth up to $6,000.
Navigating your return to work after a construction injury isn’t just a medical decision it’s a legal one. At Hussain & Gutierrez, we help injured workers protect their rights, secure proper compensation, and avoid missteps that could jeopardize their recovery or claim.
Whether you’re unsure about accepting a light-duty role, facing employer retaliation, or need clarity on TPD benefits, our team is here to guide you.
Schedule a consultation with Hussain & Gutierrez today and take control of your recovery with the legal backing you deserve.
