Returning to Work After an Injury: Light Duty, Retaliation, and Wage Loss in Oklahoma
Injured workers often face uncertainty when it’s time to return to work. Questions about light duty, the risk of employer retaliation, and ongoing wage loss are real concerns for anyone trying to recover while still providing for their family. Oklahoma’s workers’ compensation system is designed to protect injured employees at every stage—including the return to work. However, understanding your rights can make the difference between a smooth transition and new setbacks.
If you need answers or protection after a workplace injury, Burton Law Group offers unparalleled legal help from a leading accident lawyer in Oklahoma City. Our team ensures your rights are enforced under Oklahoma workers compensation law while maximizing your recovery.
What Is Light Duty and When Can You Be Required to Return?
After an injury, you may not be able to return to your old job right away. In Oklahoma, employers can offer “light duty” or modified work as an alternative. Light duty is a temporary position with fewer physical demands, matching the restrictions set by your treating physician. Oklahoma law encourages employers to offer this option, since it can reduce costs and help workers stay employed.
If your physician releases you to light duty, your employer must provide work that fits those medical limitations. The job duties, schedule, and environment must be realistic—not just busywork or a way to pressure you out. You cannot be forced to perform tasks that violate your doctor’s restrictions. If your employer cannot offer suitable light duty, you are generally entitled to remain off work and continue receiving temporary disability benefits.
What if Your Employer Refuses Light Duty or Pushes You Too Soon?
Employers are not required to create a new position just to accommodate light duty, but if a suitable position is available and you refuse it without a valid medical reason, your wage replacement benefits may be suspended. On the other hand, if your employer tries to force you back to full-duty work before your doctor approves, or asks you to do work beyond your restrictions, this violates Oklahoma workers’ compensation law.
It is not uncommon for employers to misunderstand—or deliberately misrepresent—your medical restrictions. If this happens, you have the right to request a hearing before the Oklahoma Workers Compensation Commission. A qualified workers comp injury attorney can step in to enforce your rights and ensure compliance with the law.
Is It Legal for Your Employer to Fire or Punish You After a Work Injury?
Retaliation for filing a workers’ compensation claim is strictly prohibited under Oklahoma law. Employers may not fire, demote, harass, or otherwise discriminate against you for pursuing your rightful benefits. This includes situations where you are assigned menial tasks, have your hours cut, or are subject to sudden discipline that did not exist before your injury.
Unfortunately, retaliation remains a common problem. Oklahoma courts have repeatedly ruled in favor of workers who were fired or penalized for exercising their rights. If you suspect your employer is targeting you because you filed a claim or requested accommodations, legal remedies may include reinstatement, back pay, or additional damages.
Wage Loss After Returning to Light Duty or Modified Work
Many injured employees return to work only to discover that light duty pays less than their previous job. Oklahoma’s workers’ compensation system addresses this through “temporary partial disability” (TPD) benefits. If your post-injury wages are lower because of your work restrictions, you may receive a percentage of the difference between your pre-injury and post-injury earnings.
For example, if you earned $800/week before your injury and $500/week after, workers’ comp typically covers 70% of the $300 difference, up to the state maximum. This TPD benefit continues until you recover or reach maximum medical improvement. Accurate documentation of all pay changes is crucial, so your Oklahoma workers compensation attorney can secure the maximum benefit for you.
Want to Get What You Deserve After an Injury? Call an Oklahoma Workers Compensation Lawyer
A successful return to work after an injury requires protection at every stage—especially when your health, career, and family are at stake. Burton Law Group combines decades of experience with a commitment to individual attention, guiding Oklahomans through every challenge related to light duty, retaliation, and wage loss. Get the support you need from a firm that prioritizes your recovery—contact us today for a confidential case review and let Burton Law Group help you secure your future.