Workplace injuries happen every day, and most employees expect that after a recovery period, they’ll be able to return to work without penalty. But for some injured workers, accepting a light duty role after a workplace injury becomes the first step toward being wrongfully terminated. This situation is known as modified duty discrimination, and it’s more common than many realize.
If you’ve been placed on light duty work, faced employment discrimination, or were fired after an injury, you may have legal remedies under federal laws, state workers compensation laws, and employment regulations. In this article, we break down how light duty assignments, reasonable accommodations, and termination intersect — and how employees can fight back.
Modified Duty Discrimination: When Light Duty Leads to Termination
Light duty refers to temporary or permanent changes to an injured employee’s job duties that allow them to continue working within the restrictions set by a medical provider. Employers may offer light duty work as a way to support employees during recovery, reduce lost productivity, and minimize workers compensation benefits payouts.
Examples of light duty include:
- Removing heavy lifting requirements
- Switching to desk-based tasks
- Modifying schedules or hours
- Temporarily reassigning roles
While this setup should be a supportive step, problems begin when employers use light duty assignments as an excuse to later terminate employees or deny them a path back to their former position.
Legal Protections for Injured Employees
Several laws provide legal protections for employees who have experienced a workplace injury or have a serious health condition. These include:
1. Americans with Disabilities Act (ADA)
Under the ADA, employers are required to provide reasonable accommodations for employees with disabilities, including temporary impairments due to injuries. That includes modifying work or allowing medical leave for recovery — unless doing so causes an undue hardship.
2. Family and Medical Leave Act (FMLA)
The FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave for medical recovery or caregiving. Firing an employee for using FMLA leave may violate federal law.
3. Workers’ Compensation Laws
State-level workers compensation laws protect injured employees from retaliation. If an employer punishes someone for filing a workers compensation claim, it may be grounds for legal action.
If your employer fired you while you were recovering, or right after you returned on light duty, they may have violated these laws.
When Light Duty Turns Into Discrimination
In many cases, employers appear supportive by creating modified roles, but things shift over time. They may begin criticizing your performance, pushing you into inappropriate tasks, or limiting your hours.
Signs of modified duty discrimination include:
- Being denied reasonable accommodations after submitting medical records
- Sudden schedule changes or demotion after accepting light duty
- Termination based on inability to perform regular duties during recovery
- Being told your former position is no longer available
- Receiving unclear or conflicting expectations while on light duty work
In such scenarios, employers often try to justify termination based on legitimate reasons, but evidence may show retaliation or discrimination.
Termination and Wrongful Firing After Light Duty
Firing someone simply because they were injured, or because they required light duty, is rarely lawful. Employees are protected against wrongful termination under both federal and state statutes. Unfortunately, some employers violate these protections due to bias, convenience, or misinformation about their obligations.
Key facts to remember:
- Termination must not violate the Americans with Disabilities Act or the Family and Medical Leave Act
- Employers must consider reasonable accommodations before making job decisions
- You cannot be punished for filing a workers compensation claim
- Termination based on perceived inability, despite doctor’s orders, is highly suspect
If you were wrongfully terminated under any of these circumstances, you have the right to pursue legal action.
Proving Modified Duty Discrimination
To build a strong case, it’s important to gather evidence and collect documentation that shows your employer acted unlawfully. This may include:
- Copies of medical documentation outlining your employee’s restrictions
- Emails or HR records about your light duty assignments
- Time logs, pay stubs, or records of lost wages
- A written explanation for your termination
- Witness statements from coworkers or supervisors
- Evidence of denied reasonable accommodations or ignored requests
You should also maintain detailed records about interactions with your employer, including any attempts you made to return to work or perform your essential job functions. Remember, all of this is a part of the employment relationship and an experienced attorney can help get compensation for injury promptly.
Handling the Claims Process
Dealing with termination after a workplace injury involves two possible legal routes:
1. Workers Compensation Claim
You may be entitled to additional workers compensation benefits if your termination occurred while actively receiving care or if it caused further financial harm. Consult a workers compensation attorney to review your claims process.
2. Employment Discrimination Claim
Filing a discrimination complaint with the Equal Employment Opportunity Commission (EEOC) is often the first step. From there, an employment law attorney can help you prepare for a lawsuit or negotiate a settlement.
Your case may involve:
- Medical expenses
- Back pay and front pay
- Emotional or mental distress
- Legal fees
- Additional compensation for loss of benefits or career damage
Employer Obligations Under Law
Employers are expected to follow safety and accommodation protocols outlined by various federal and state regulations. This includes:
- Following safety protocols to prevent injuries
- Offering light duty work when appropriate
- Evaluating whether the employee can perform essential job functions with or without accommodation
- Avoiding disability discrimination based on injury or medical conditions
- Respecting protected leave under the medical leave act
They cannot make unilateral decisions that negatively impact your recovery or employment just to protect the business from expense or liability.
Your Legal Options
If you suspect your termination was illegal, you have several legal options:
- File a complaint with the EEOC or state labor agency
- Work with an experienced attorney to build a case
- Seek damages through a legal action or negotiation
- Request reinstatement or sue for back pay and benefits
- Advocate for better employment law compliance through litigation
You may also qualify for a free consultation with a legal expert who has extensive experience handling workplace injury and discrimination cases.
Common Defenses Employers Use
Employers may claim:
- The termination had nothing to do with the injury
- The light duty position was temporary and expired
- Your medical documentation did not support continued accommodation
- You failed to follow safety protocols or doctor’s orders
- You were let go for performance or unrelated behavior
That’s why it’s critical to collect evidence early and compare their claims to the employment law standards they’re required to meet. Moreover, it’s crucial to remember that disability discrimination of any kind is a serious offence and taking legal action is the right way out.
Final Thoughts: Know Your Rights After Light Duty
Modified duty discrimination is a serious issue that affects most employees who expect fairness after a work related injury. If your employer fails to support you during recovery or uses light duty as an excuse to terminate your role, the law may be on your side.
You have rights, including protections under the ADA, FMLA, and workers compensation laws. You deserve a fair shot at recovery without losing your income, dignity, or future employment.
Contact Bourassa Law Group Today
At Bourassa Law Group, we stand up for workers who’ve been treated unfairly. If you were placed on light duty work and later fired, denied your former position, or suffered retaliation after filing a workers compensation claim, you may have a case.
Our employment lawyers team has extensive experience handling both employment law and workers compensation claims. We will help you seek justice, protect your rights, and explore potential remedies to recover what you’ve lost.
Schedule a free consultation with Bourassa Law Group today and let us help you move forward.
1-800-870-8910