Roswell Light Duty: 3 Mistakes to Avoid in 2026

Light duty work, often presented as a solution for injured employees, frequently creates more confusion than clarity when it comes to workers’ comp benefits. There’s so much misinformation swirling around the impact of light duty on Roswell workers’ comp benefits that many injured workers make critical mistakes that cost them thousands.

Myth 1: Light Duty Means Your Workers’ Comp Benefits Will Stop Completely

This is a widespread and dangerous misconception that I encounter almost daily. Many injured workers in Roswell believe that if their employer offers them light duty, their workers’ comp wage benefits will immediately cease. That’s simply not true in most cases. What typically happens is a reduction, not an outright termination. Under Georgia law, specifically O.C.G.A. Section 34-9-262, if you return to work at a wage less than your pre-injury average weekly wage, you are generally entitled to temporary partial disability benefits. These benefits amount to two-thirds of the difference between your pre-injury wage and your current light duty wage. For example, imagine a client I represented from the King Road area, a warehouse worker who earned $900 a week before a forklift accident. His employer, a large logistics company near the Roswell Industrial Park, offered him a light duty position as a data entry clerk, paying $500 a week. He initially thought, “Well, there go my checks.” Not so fast! We calculated his temporary partial disability benefits: $900 (pre-injury) – $500 (light duty) = $400 difference. Two-thirds of $400 is approximately $266.67. So, he continued to receive $266.67 per week in workers’ comp benefits, in addition to his $500 light duty pay. This allowed him to maintain a much better financial footing than if he had simply accepted the $500 and assumed his benefits were gone. The key is understanding the calculation and not just assuming the worst.

Myth 2: You Must Accept Any Light Duty Offer Your Employer Makes

Absolutely not. This is another area where employers often try to pressure injured workers. While refusing a suitable light duty offer can indeed lead to suspension of benefits, the offer must meet specific legal criteria to be considered “suitable.” The Georgia State Board of Workers’ Compensation has clear guidelines for what constitutes a valid job offer. First, the job must be within the medical restrictions placed on you by your authorized treating physician. This isn’t just a suggestion; it’s a requirement. If your doctor says “no lifting over 10 pounds,” and the light duty job requires you to lift 15 pounds, it’s not suitable. Second, the offer must be in writing. I cannot stress this enough. A verbal offer, a casual suggestion, or a note scribbled on a napkin just won’t cut it. The written offer must detail the job duties, hours, and wages. It also needs to be signed by your employer and the authorized treating physician, indicating that the doctor approves the work within your restrictions. We had a case last year involving a construction worker injured near the Canton Street Arts District. His employer told him to “come back and sweep up” but never provided a written offer or doctor’s approval. When they tried to suspend his benefits for refusing, we successfully argued before the State Board that no valid offer was ever made. Always demand it in writing; it’s your protection.

Myth 3: Once You Start Light Duty, Your Medical Benefits Are Over

This is a dangerous misconception that can lead to injured workers neglecting necessary medical care. Your acceptance of a light duty position, or even a return to full duty, does not automatically terminate your right to receive medical treatment for your compensable injury. Your employer and their insurer remain responsible for authorized and necessary medical care related to the original injury, often for years after you return to work. This includes follow-up appointments, physical therapy, medication, and even future surgeries if deemed necessary by your authorized treating physician. I’ve seen situations where clients, after returning to light duty, experience a flare-up of their initial injury or even a new injury directly caused by the light duty work itself. For instance, a client who returned to light duty as a security guard after a knee injury (initially a lifting injury at a warehouse off Holcomb Bridge Road) found that prolonged standing exacerbated his knee pain. We were able to demonstrate that this worsening was a direct consequence of the light duty, and his medical benefits continued, even expanding to cover additional treatment for the aggravated condition. It’s vital to keep attending all scheduled medical appointments and to report any new or worsening symptoms to your doctor immediately. Do not assume your medical care ends just because you’re back on the clock.

Myth 4: If You Get Fired While on Light Duty, You Lose All Benefits

Being terminated while on light duty is a complex issue, but it absolutely does not automatically mean you lose all your workers’ comp benefits. The crucial factor here is the reason for your termination. If you are fired for a legitimate, non-discriminatory reason unrelated to your injury or your inability to perform the light duty, your wage benefits might be affected. For instance, if you were fired for theft, insubordination, or violating company policy, that’s a different situation. However, even then, your medical benefits for the original injury typically continue. If, on the other hand, you are terminated because the employer claims they no longer have light duty work available, or if the termination is a pretext for getting rid of an injured worker, your wage benefits may be reinstated. The employer bears the burden of proving that the termination was for cause unrelated to your injury. This is where having experienced legal counsel becomes indispensable. We once handled a case where a company fired an injured worker on light duty, claiming “restructuring,” but it happened just days after he requested further medical treatment. We successfully argued that the termination was retaliatory and not for cause, leading to the reinstatement of his wage benefits and a significant settlement. Employers cannot simply use light duty as a temporary measure to avoid paying benefits, only to fire you later without consequence.

Myth 5: Accepting Light Duty Means You Agree Your Injury Is Fully Healed

This is another myth that can lead to problems down the road. Accepting a light duty assignment is an acknowledgment that you can perform some work within your current medical restrictions, not a declaration that you are fully recovered or that your injury has reached maximum medical improvement (MMI). MMI is a medical determination made by your authorized treating physician, signifying that your condition has stabilized and no further significant improvement is expected. Even while on light duty, your medical condition can change. Your doctor might modify your restrictions, or you might experience a relapse. If your condition worsens or you require additional treatment, those medical expenses should still be covered under your workers’ comp claim. Furthermore, accepting light duty does not waive your right to pursue a permanent partial disability (PPD) rating once you reach MMI. A PPD rating compensates you for the permanent impairment to your body as a result of the injury, regardless of whether you’ve returned to work. Many injured workers believe that going back to light duty means they’ve closed their case entirely, and that couldn’t be further from the truth. It’s often just another phase of the recovery process. Navigating the complexities of light duty offers and their impact on your workers’ comp benefits can be incredibly challenging without expert guidance. Do not make assumptions or rely on advice from your employer or their insurance company; their interests are fundamentally different from yours. Seek immediate legal counsel to ensure your rights are protected every step of the way.