Workers' Comp Light Duty: Pay, Refusing, and Your Benefits
Quick answer: If your employer offers work within your doctor's restrictions and it pays what you earned before, your wage-loss checks stop. If it pays less, partial benefits cover part of the gap: two-thirds of the loss in California, 70% in Texas, and a Florida formula based on 80% of your wage. Turning down suitable light duty can cut or stop your checks. In Florida you get no compensation while you refuse, unless a judge finds the refusal justified.
What is light duty in workers' comp?
Light duty, also called modified or transitional work, is a job your employer gives you while you recover that stays inside the limits your doctor wrote down: no lifting over a set weight, fewer hours, sitting work, and so on. It can be your own job with changes or a different job. Your benefits depend on two things: whether the work fits your restrictions, and what it pays compared with your average weekly wage before the injury.
Do I still get workers' comp if light duty pays less?
Yes, in all three states. You get partial benefits based on the difference between your old average weekly wage and what you earn now.
| State | Partial benefit | Example: $900 before, $500 on light duty |
|---|---|---|
| California | Two-thirds of the weekly wage loss (Lab. Code §4654) | ⅔ × $400 = $266.67 a week |
| Texas | 70% of the wages you lose (75% for some low-wage workers for 26 weeks) | 70% × $400 = $280 a week |
| Florida | 80% of the difference between 80% of your old wage and what you earn now, up to 66⅔% of your old wage (§440.15(4)(a)) | 80% × ($720 − $500) = $176 a week |
Can I refuse light duty and keep my workers' comp checks?
- Florida: If you refuse employment suitable to your capacity, you aren't entitled to any compensation while the refusal continues, unless a judge of compensation claims finds the refusal justifiable (Fla. Stat. §440.15(6)).
- Texas: If you refuse a written bona fide offer of employment, the insurance carrier may reduce or suspend your benefits. To count, the offer has to include the information the Division of Workers' Compensation requires by rule (28 TAC §129.6). You or the carrier can ask for a benefit review conference about the offer.
- California: Temporary disability is paid when your employer doesn't offer you work at your usual wages. Partial disability is figured from what you will probably be able to earn during the disability (Lab. Code §4657), so an offer of suitable work can affect your payments. An Information & Assistance officer at the DWC can explain how it applies to your claim, for free.
What if my employer says there's no light duty?
Then you have no light-duty earnings, and your benefits are figured on that.
- California: the DWC says temporary disability is paid when your doctor says you can't do your usual job and your employer doesn't offer other work that pays your usual wages.
- Texas: temporary income benefits replace 70% of the wages you lose, so with no earnings they're 70% of your average weekly wage, up to $1,314 a week for injuries from October 1, 2026.
- Florida: if your doctor says you can't work at all, you get temporary total disability. If you have restrictions but no job, the partial formula with no earnings works out to 64% of your average weekly wage (80% of 80%).
What should I do when I'm offered light duty?
- Get your restrictions in writing. Ask your doctor to spell them out: weight limits, hours, sitting or standing.
- Get the offer in writing. Texas's bona fide offer rules require a written offer. Compare the duties with your restrictions.
- Send copies to the adjuster. Keep a copy of the restrictions and the offer, and tell the adjuster what you're earning on light duty so partial benefits are figured correctly.
- If the work goes past your restrictions, say so in writing. Then contact your state's free help office: California's I&A officers, Texas's OIEC ombudsmen, or Florida's Employee Assistance and Ombudsman Office.
What people ask
These questions come up again and again in searches and forums. Here's what the law says.
No. While you're still recovering, partial benefits make up part of the difference. At $900 before and $500 now, that's about $267 a week in California, $280 in Texas, and $176 in Florida.
Cal. Lab. Code §4654; Fla. Stat. §440.15(4)(a); TDI-DWC
Light duty only counts when it fits your restrictions. Put your restrictions and the problem in writing to your employer and the adjuster, keep copies, and contact your state's free help office. If you're fired or threatened over your claim, see employer retaliation rules.
Fla. Stat. §440.15(6) ("suitable to the capacity"); 28 TAC §129.6
Yes. Wages you earn on light duty are taxable like any paycheck. The workers' comp benefits themselves are not subject to federal income tax.
IRS Publication 525
Sources
- California DWC guidebook, Chapter 5: Temporary disability benefits
- California Labor Code §4654 (temporary partial disability)
- California Labor Code §4657 (measuring partial wage loss)
- TDI-DWC: Return to Work for Employers (bona fide offer of employment)
- TDI-DWC: Maximum and minimum weekly benefits
- Florida Statutes §440.15(4), (6)
- IRS Publication 525
This guide is general information, not legal advice. Whether a job fits your restrictions and whether a refusal is justified depend on your facts.