Understanding Work Restrictions In Minnesota
When you go back to work after recovering from your workplace injury, you may not have the ability to perform the same job duties. Are you worried about how you will make ends meet if you can’t do your job anymore? Under the Minnesota workers’ compensation law, you have the right to receive restricted duties and/or wage loss benefits.
If you have questions about permanent restrictions, wage loss benefits or returning to work safely, you can contact us for a free consultation.
To discuss your specific situation with an experienced attorney free of charge, call attorney Gerald W. Bosch of Bosch Heacox Law Firm. Based in the Minneapolis-St. Paul area, he serves injured workers throughout Minnesota. Call him today at 651-333-8300 to arrange a free consultation.
Work Restrictions FAQs
What if I can’t do my job at all?
If the effects of your workplace injury prevent you from doing your job, your employer is required to make reasonable accommodations to provide you with a different assignment. If your employer cannot feasibly provide you with a lighter duty job, you are entitled to wage loss benefits. Your employer cannot force you to do work that is beyond your restrictions or fire you for refusing to do so.
How should I tell my employer about my work restrictions?
If you told your doctor that your injury is work related, your doctor should complete a Report of Work Ability (RWA) form for your employer and its insurance carrier. This details your necessary work restrictions, and it is very important to ensure that your doctor submits this form. You should also provide your employer with documentation of your work restrictions. Consider sending an email and including the date of your return to work and the date of the notification. Save this email and your employer’s response.
If you’re unsure how to document restrictions or what to do next, you can contact our office for a free consultation.
What are “light-duty” work restrictions in Minnesota?
Temporary light-duty restrictions are common when people return to work after an occupational injury. This allows you to maintain your employment while doing lighter tasks as you continue to recover from your injuries. In some cases involving more serious injuries, workers return to work with permanent restrictions. In this case, you would only be able to return to your job if your employer has a permanent light-duty assignment for you.
What if I am having trouble even on “light duty”?
Limitations are not always clear until you test them. If your employer complied with your doctor’s light-duty orders and you are having trouble with your new assignment, it is important to see your doctor again. Do not jeopardize your health by continuing to do tasks that cause you pain or further injury. Your physician may need to revise your work restrictions.
What if my employer is unable to provide me with “light-duty” work?
Many injured workers are eventually told that they can return to work – but with restrictions that confine them to “light-duty” jobs.
In Minnesota, if your employer cannot reasonably provide you with “light-duty” work once you have been cleared for it, you can still retain your regular wage loss benefits. Your employer cannot force you to do any work that exceeds your restrictions, nor can they retaliate if you refuse to comply.
What happens if I reinjure myself after returning to work with restrictions?
Your first priority is your health, so seek emergency medical services if you need them. Then, make certain that you inform your employer and your workers’ comp doctor about the situation. Depending on the situation, you may have to open a second workers’ compensation claim (although the aggravation of your previous injury may just require a continuation of your claim).
It is important to make sure that you seek a new evaluation regarding your work restrictions right away. You may no longer qualify for even light-duty assignments after the most recent injury and your benefits may need to be adjusted. A workers’ compensation attorney can navigate these kinds of complex situations on your behalf.
What steps can I take if my employer disputes my work restrictions?
Employers are often eager to put their injured employees back to work at their regular jobs, both from a staffing standpoint and as a way to reduce the impact of their workers’ comp claim on their bottom line.
If your employer disputes your work restrictions, you can provide additional medical documentation to support your restrictions, communicate your concerns and try to resolve the issue directly. If that fails, a workers’ compensation attorney can advocate for you and make certain that you are not pressured into putting yourself in harm’s way.
How do permanent work restrictions affect my workers’ comp settlement value?
Permanent work restrictions can significantly increase the value of a Minnesota workers’ compensation settlement because they often change what work you can realistically do long-term. After you reach maximum medical improvement (MMI), your doctor may assign permanent restrictions in a written report. Restrictions are often described in terms such as:
- Sedentary work: Mostly sitting, with very limited lifting/carrying.
- Light-duty work: Minimal lifting and less physically demanding tasks.
- Medium/heavy-duty work: Higher physical demands, which may no longer be safe depending on your injury.
- Specific activity limits: For example, lifting no more than 25 pounds, no repetitive bending/twisting, limited standing/walking or limits on prolonged sitting (which can be a major issue for drivers).
If your permanent restrictions prevent you from returning to your prior trade or position (for example, construction, warehouse work or driving routes), the insurance company’s potential liability may increase. The claim may involve long-term wage loss, potential temporary partial disability (TPD) or wage differential benefits if you must take lower-paying work, and vocational rehabilitation or retraining. For a deeper discussion of how MMI and permanent restrictions can affect your case, read our related post: Permanent restrictions: what do they mean for your workers’ compensation case in Minnesota.
If you’ve been placed on permanent restrictions and you’re concerned about your settlement options, you can contact us for a free consultation.
What happens if my employer cannot accommodate my work restrictions?
If your doctor releases you to return to work with restrictions, your employer generally must make reasonable efforts to provide work within those limits. Those restrictions may be temporary while you recover or permanent after you reach maximum medical improvement (MMI). Either way, your employer cannot require you to perform tasks that exceed your restrictions or retaliate against you for following your doctor’s orders. If your employer truly cannot accommodate your restrictions, you may still have rights to wage-loss benefits under Minnesota workers’ compensation law. For many injured workers, the biggest issue is income: if you are forced into lower-paying work, you may qualify for temporary partial disability (TPD) benefits and, in some situations, wage differential benefits – because your work injury has reduced what you can earn. To learn more about the benefits that may be available, see our Workers’ Compensation Benefits page.
You may also qualify for vocational rehabilitation services to help you find suitable work or pursue retraining for a new career. Because disputes often arise over whether work is actually available within your restrictions, it’s important to keep your restrictions in writing and document job offers, assigned duties and your wages if you return to work in a reduced role. If your employer says there is no work within your restrictions, you can contact our office for a free consultation.
When should I hire an attorney for a work restrictions case?
You should consider hiring an attorney as soon as work restrictions start affecting your job, your pay, or your medical care – especially if your doctor says you have reached maximum medical improvement (MMI) and is discussing permanent restrictions. At that point, the case often shifts from short-term recovery to long-term work ability, future earnings and, in many cases, settlement value. It is also a good time to get legal advice if your employer pressures you to work outside your restrictions, claims “light duty” is available but assigns tasks that violate your limits, reduces your hours or suggests you resign. Another red flag is when the insurance company downplays your limitations, ignores updated medical reports, or cuts off or denies wage-loss benefits when you can’t earn what you used to.
An experienced workers’ compensation lawyer can help document your restrictions properly, communicate with the insurer/employer on your behalf and pursue the benefits you may be entitled to – such as temporary partial disability (TPD), wage differential benefits or vocational rehabilitation/retraining – so you can protect your health while planning your next steps. If any of these issues are happening in your case, you can contact us for a free, confidential consultation.
Get Your Questions Answered. Contact Bosch Heacox Law Firm.
If you have questions about returning to work and your employer’s legal obligations, schedule a free legal consultation with lawyer Gerald W. Bosch. With over 25 years of experience, Mr. Bosch has obtained many successful results for a variety of injured workers. Call him today at 651-333-8300, or send an email, to arrange a free consultation to discuss your specific situation.
