Montana Workers’ Comp & Light Duty Disputes

If you’ve suffered a workplace injury in Montana, you’re likely worrying about more than just recovering and paying your bills—you could be thinking about the long-term effects and how (and when) you’ll return to work after your injury. After all, workers’ compensation provides a portion of your salary, but not the whole thing. Returning to work might be inevitable, even if you have to ease your way in.

Things can get complicated when your employer says it’s time to return to work, but you don’t feel ready, and you can’t return to the role and tasks you performed prior to the injury.

This is why return-to-work programs and light-duty assignments can be crucial to reintegrating into the workplace.

What is a return-to-work program?

A return-to-work (RTW) program is an employer’s plan to return an injured employee to work in a modified or alternate role during their recovery from an injury. The objective is to help them stay active, maintain income, and ease back into former job duties.

There are a couple of ways RTW can happen:

1. Modified duty, or returning to the previous job with fewer physical demands;
2. Alternative duty, or being placed in a different job within the business; or
3. Transitional work, which is a temporary assignment to bridge the gap until full recovery.

A Montana employer is not required to offer this type of light-duty work, and the employee is not required to accept it if it violates their medical restrictions or delays recovery.

What’s a light-duty dispute?

There can be disputes when the employer and employee disagree about whether the light-duty job is appropriate based on the injured worker’s condition. Montana workers’ compensation law requires that the treating physician approve any return-to-work plan.

Some common issues include:

• The physical demands exceed their medical restrictions
• The duties are punitive or meaningless (“make work”)
• The employer fails to provide proper documentation or accommodations
• The worker is pressured to return before they are fully recovered

Protections for injured workers in light-duty disputes

The law offers protections for Montana workers who’ve been injured to allow them to recover sufficiently to return to work.

1. Medical authority. Your employer doesn’t determine your work capacity—your physician does. You may only return to work after being cleared by your treating physician. Even if your employer “needs” you, your physician has the final say.
2. An employer may not retaliate. Retaliation is illegal. The employer may not fire, demote, or retaliate against you for asserting your rights under Montana workers’ compensation laws.
3. Declining light-duty work can affect wage loss benefits. If you decline a medically appropriate light-duty job without good reason, you risk losing Temporary Total Disability (TTD) or Temporary Partial Disability (TPD) benefits.
4. The worker may appeal. If you feel forced into a return-to-work position that seems unsafe or that could hinder your recovery, you may file a dispute with the Montana Department of Labor & Industry (DLI) or file a claim in workers’ compensation court.

How to handle a light-duty dispute in Montana

Take these steps if you’re involved in a light-duty dispute with your employer:

1. Request a written job description from your employer for the job you’re expected to perform. Request specific tasks and the physical capability required for each.
2. Discuss proposed duties with your doctor. It’s up to the treating physician to either clear you for or object to the proposed work tasks. Either way, ask for a note in writing that specifies the doctor’s order.
3. Maintain detailed records. Keep any written records—or your own notes—of any communications with your employer and your medical providers.
4. Consult a workers’ compensation lawyer. If you’re being pressured to return to work against your doctor’s advice or recommendations, or if you’re being denied the benefits to which you’re entitled, you need to seek the guidance of a Montana workers’ compensation attorney.

Return-to-work programs and light-duty assignments can be a huge help to an injured worker—they provide you with some income as you’re recovering, and they keep you “in the game” so you’re staying in the workplace, even if you can’t return to your original job right away. But they can also become problematic if your employer pushes too hard, too fast. Fortunately, Montana law allows for an injured worker to prioritize protecting their health and safety. You can challenge inappropriate assignments and continue to receive benefits during your recovery. Understanding these rights can make a big difference as you navigate a successful return to work.

If you have questions or concerns about return-to-work guidelines your employer has provided, you can contact the Murphy Law Firm for assistance. Our skilled, compassionate and experienced lawyers can work with you to ensure your rights are protected.