Alternative Work

If you have been injured performing your normal job duties and you are not able to return to your previous job, your employer may be required to offer you alternative work. Alternative work is work that an injured worker should be able to do even if they have work restrictions. Other common terms for alternative work can include light duty or modified work.

Alternative work may be offered by an employer when the injured worker's treating physician believes they can return to work and perform light duties. Employers may be required to pay the employee the difference between what they could have earned in their old job and the job they are currently able to perform. Payment for alternative work could lower the amount paid in permanent disability benefits.

Alternative work and an employer's responsibilities

When evaluating an injured worker for alternative work the treating physician should establish clear and specific limits. For instance, they should state whether a worker has limitations stooping or bending. They should also outline the types of changes needed for the injured worker's schedule, assignments, equipment or other working conditions while recovering.

All employers should review the injured employees work restrictions prior to assigning alternative work. Keep in mind, if you do not have work available that meets these restrictions, the injured employee cannot be required to work.

Employers must give employees 30 days to accept alternative work. Alternative work in some states, such as California, must meet the employee's restrictions, must last at least 12 months, must be within a reasonable distance from their home at the time of the injury, and must pay at least 85 percent of the wages and benefits the employee was paid at the time of the injury.