California Workers' Comp: Can I Turn Down Light-Duty Work?

If you've suffered a workplace injury that prevents you from meeting the physical demands of your job, your employer might offer you a light-duty position. Do you have to take it?

Read on to find out the rules in California.

Light-Duty Work After a Workplace Injury

In general, you can turn down your employer's offer of light-duty work, but you may lose the right to additional benefits that are available in California for injured employees who can't return to their former jobs.

If California employees have partial permanent disability (meaning they have lasting limitations) as a result of work-related injuries, they will be eligible for supplemental job displacement benefits designed to help them get the skills for new jobs—unless their employers offer them regular, modified, or alternative work.

Once your doctor writes a "permanent and stationary" report saying that your condition is stable and that you can't do the physical requirements of your former job because of your permanent partial disability, your employer may offer you modified work (meaning your old job, but without tasks that you can no longer do) or alternative work (another job that you can do).

At that point, you will no longer be able to receive supplemental job displacement benefits, as long as the work offer meets the legal requirements:

• you're able to perform all of the job tasks despite your physical limitations
• the job will last at least 12 months
• the pay will be at least 85% of what you were earning (in wages and other compensation) at the time of your injury; and
• the worksite must be within a reasonable commuting distance from your home.

(Cal. Labor Code §§ 4658.1, 4658.7 (2024).)

Example

Peter works for a California catering company and injured his back on the job. He's been off work for six months while getting treatment. His doctor isn't sure if he'll be able to return to his position as a server because it requires him to stand on his feet all day and do some heavy lifting. Peter talks to his boss, who offers him administrative work in the office. Peter has no interest in this work and wants to turn it down.

Once Peter's doctor makes a final decision and writes a report about his permanent limitations, his employer will have 60 days after receiving the physician's report to make a formal work offer.

Peter should check with his boss to get more details about the administrative position, including how long it will last, how much it pays, and what his day-to-day tasks will be. If the work meets the legal requirements described above, he won't be eligible for the supplemental job displacement benefits.

Contact a Workers' Comp Lawyer

For specific guidance on your workers' compensation case, contact an experienced attorney.