A client recently contacted us after a relatively minor work-related injury. He didn’t miss much time from his primary job, and his employer was covering his ongoing medical care while he worked in a modified light duty position during recovery.
At first, he simply had a few general questions about how the workers’ compensation process worked. But after reviewing his case, we quickly realized he was actually owed money he didn’t know about.
Here’s what happened: this client also had a side hustle in addition to his full-time job. While recovering, he couldn’t work that second job. He assumed nothing could be done about the lost income—but in reality, under Pennsylvania workers’ compensation law, he was entitled to partial disability benefits for the income lost from that side hustle.
We got involved right away, and within just a few weeks, the insurance carrier paid him back benefits totaling thousands of dollars that he was owed. The best part? We didn’t even have to go to court.
The takeaway: If you’ve been injured at work and are back on the job in a light duty capacity, don’t assume you’re not entitled to additional benefits. You could be missing out on money that the workers’ compensation system legally owes you.
What Is Light Duty Work After a Work Injury?
“Light duty” is a modified or restricted work assignment your employer offers when you can’t return to your regular duties after an injury. The work is designed to fit within your doctor’s restrictions—usually involving fewer physical demands, shorter hours, or simplified tasks.
While this arrangement can help you stay employed during recovery, it can also have hidden financial consequences.
Partial Disability Benefits: Protecting Lost Wages
Under Pennsylvania law, if your light duty job pays you less than your pre-injury average weekly wage, you may be eligible for partial disability benefits.
These benefits are meant to bridge the gap between your old wages and your new, reduced income. This reduction could happen for several reasons:
- Lower hourly rate in the light duty role
- Fewer hours available compared to your old schedule
- Loss of overtime opportunities
- Elimination of shift differentials or bonuses
- Inability to continue a second or part-time job (like our client’s side hustle)
The calculation works like this:
- Determine your average weekly wage (AWW) before the injury (this should include overtime, bonuses, and second jobs).
- Compare it to your current light duty wages.
- If your current wages are less, you’re owed two-thirds (2/3) of the difference in the form of partial disability benefits.
Red Flags to Watch For With Light Duty Job Offers
When you accept a light duty offer, be on the lookout for these common pitfalls:
- Retroactive Suspension Agreements – Don’t sign agreements that suspend your workers’ compensation benefits without verifying your actual wage loss.
- Notices of Suspension – If you get a notice saying your benefits are suspended because you returned “without wage loss,” that may be wrong if your weekly income is actually lower.
- Misclassification of Pre-Injury Wages – Your average weekly wage should include overtime, bonuses, and second jobs. If it’s calculated incorrectly, you’ll be underpaid.
- Job Duties That Exceed Medical Restrictions – Make sure the light duty offer matches what your doctor approved. If not, your health could suffer.
Why This Matters
Many injured workers don’t realize that partial disability benefits are designed to protect them even if they’re back at work. Employers and insurers often focus only on the primary job, but Pennsylvania law considers all income sources, including overtime and secondary jobs.
If you’ve been injured at work and are now in a light duty position, it’s worth asking:
- Am I earning less than I did before my injury?
- Has my overtime, bonus, or second job income been factored into my benefits?
- Did I sign anything suspending benefits without understanding my rights?
Final Thoughts
Light duty work can be an important step in your recovery—but it should never leave you financially shortchanged. Partial disability benefits exist to make up for lost wages, whether from reduced hours, lost overtime, or even a side hustle you can no longer perform.
If you’ve been injured at work and are now working light duty, don’t assume you’re not entitled to benefits. A quick case review could uncover money you didn’t know you were owed—just like it did for our client.