Workers’ Compensation Light Duty in South Carolina

If you’ve been injured on the job, you likely have many questions about what your rights are and how to properly return to work. In many work injury cases, your treating doctor may deem your injuries severe enough that you may return to work but with restrictions. This is referred to as returning to work on light duty. In South Carolina, you must accept light duty work if it is ordered by your authorized doctor and offered to you by your employer, otherwise you risk losing various workers’ comp benefits.

This article will go into details about workers’ compensation light duty in South Carolina, including your rights as an employee, how your benefits are calculated, and how you can protect yourself throughout the workers’ compensation process.

With hundreds of 5-star reviews and ranked Best Workers Compensation Firm in Columbia, SC by Free Times for three years running, you can trust that the team at Cavanaugh & Thickens, LLC has your back. If you have any questions about a work injury, light duty, or a workers’ compensation case, please don’t hesitate to reach out to our team today by calling (803) 888-2200 or completing our online form. 

How Workers’ Comp Benefits Apply to Light Duty

Light duty applies when your treating doctor allows you to return to work in a limited capacity. Sometimes, employees are able to return to work on light duty and make the same pay or more. If this happens, your workers’ comp temporary compensation will be suspended. However, this is often not the case. 

Many times, there are two outcomes with light duty:

1. The employer has no work available for you within the limitations determined by your doctor -or-
2. You return to work on light duty and make less than your pre-injury wages due to decreased hours or entering a lower paying position.

If your employer is not able to accommodate your limitations, you should continue receiving temporary total disability benefits until A) your employer can offer you suitable work, B) you are able to return to work fully, or C) you’ve reached maximum medical improvement (MMI). Temporary total compensation is equal to 66 ⅔% of your average weekly wages based on the four quarters immediately preceding the quarter in which your injury occurred, but no more than the maximum compensation rate set by the Commission. 

If you are on light duty and making less than the wages you were pre-injury, then you may be eligible to receive temporary partial compensation. This compensation is equal to 66 ⅔% of the difference between your average weekly wage prior to the accident and average weekly wage after the accident (SC.gov).

To learn more about your rights to workers’ compensation benefits, call our office today at (803) 888-2200 or email info@ctlawsc.com.

Common Light Duty Restrictions and Tasks

With decades of combined experience handling workers compensation cases across South Carolina, some common forms of light duty restrictions we see include:

• Movement Limitations: Your doctor may call for restrictions on how long you should stand, walk, or sit at a time.
• Lifting Restrictions: You may have limits on how much weight you may lift, move, or otherwise handle.
• Repetitive Motions: You may be assigned restrictions on repetitive movements.
• Posture Limits: Your doctor may place restrictions on specific postures like bending, squatting, twisting, kneeling, or others.
• Reaching Limits: Limitations may be placed on reaching at certain angles or reaching your arms overhead.
• Environmental Limits: You may also have restrictions on working in certain temperatures or with exposure to hazardous materials.

Many times, employees will be assigned roles completely different from what they were previously doing. This may include administrative work, office work, training other employees, equipment inspections, and other tasks. Keep in mind, you cannot refuse light duty work without risking suspension of your temporary disability benefits, and possibly, termination of your employment. 

However, you do have options. If you are unable to return to work even with the limitations put forth by your treating doctor, you may request a hearing with the South Carolina Workers’ Compensation Commission. If this is the case, it is certainly in your best interest to speak with an experienced workers’ compensation attorney as soon as possible.

How a Workers’ Compensation Attorney Can Help You

From ensuring all deadlines are met to fully optimizing your claim and appealing denied claims, there are many benefits to having an experienced workers’ compensation attorney on your side protecting your best interests. If you have any questions about the South Carolina workers compensation process or would like to see if our team is a good fit to represent you, please don’t hesitate to reach out today at (803) 888-2200. We are available 24/7 via phone, and we offer free case evaluations directly with an award-winning attorney in-person and over the phone.

With offices in Columbia and Mount Pleasant, our lawyers travel to and represent clients throughout the state of South Carolina. We look forward to hearing from you. Hundreds of 5-star reviews. Client Focused. Results Driven.

Legal Review By Nicholas J. Skorzewski