Workers’ Comp Light Duty Refusal in New York

The bottom line: If your employer offers suitable light-duty work that fits your doctor’s written restrictions and you turn it down without good cause, the Workers’ Compensation Board can cut or suspend your lost-wage benefits. If the offered work exceeds your restrictions, was never genuinely available, or you have a legitimate reason for declining, your benefits should continue.

What “light duty” means under New York workers’ comp

Light duty is modified work an employer offers while you recover — reduced hours, lighter lifting, sit-down tasks, or other adjustments that stay inside the physical limits your treating doctor has documented. Under the New York Workers’ Compensation Law system, the central question is whether the job is within your medical restrictions. Your doctor’s reports and functional findings define those restrictions, and a valid light-duty offer must respect them.

If you can perform the offered work and you take it, you keep partial benefits for any wage difference. If you can perform it and refuse it anyway, that refusal is where benefits get attacked.

What happens if you refuse light duty

When the employer or carrier shows that suitable work within your restrictions was offered and you declined, the Workers’ Compensation Board may treat you as having voluntarily removed yourself from the labor market for that period. The practical result is that your lost-wage (indemnity) benefits can be reduced or suspended. Your medical treatment for the injury generally continues regardless.

This is not automatic. The carrier carries the burden of proving the offer was real, was communicated to you, and matched your documented limits. A vague verbal mention, or a job that ignores your restrictions, does not meet that bar.

When a refusal is justified

You are not required to accept work that your body cannot safely do. A refusal is generally defensible when:

The offered duties exceed the restrictions your doctor put in writing.
The position was never actually available or was withdrawn.
The commute or schedule is incompatible with your documented medical needs.
Your condition worsened and updated medical evidence supports a new restriction.

The strongest protection is current, specific medical documentation. If your doctor’s restrictions and the job description clearly conflict, the refusal should not cost you benefits.

How to protect your benefits

Keep every offer in writing and compare it line by line to your latest restrictions. Respond promptly and in writing — silence can be read as refusal. Ask your treating physician to update your restrictions if the offered work does not fit, and bring any dispute to the Board with that medical evidence. If the carrier suspends benefits over an offer you reasonably could not accept, you can request a hearing.

Where this fits in your case

Light-duty disputes are one piece of a larger workers’ comp picture — benefit rates, settlement timing, and whether a third party may also be liable. If a non-employer caused your injury, you may have a separate claim alongside comp. To see how these issues connect, start with our Workers’ Compensation & Workplace Injury hub and the related questions below.

Frequently asked questions

Can my workers' comp benefits be cut if I refuse light duty in New York?

Yes. If the employer or insurer offers suitable work within your documented medical restrictions and you refuse it without good cause, the Workers' Compensation Board can reduce or suspend your lost-wage benefits. Your medical coverage for the injury usually continues.

What if the light-duty job exceeds my doctor's restrictions?

Then the offer is not suitable, and refusing it should not cost you benefits. The carrier must prove the work matched your written restrictions. Keep the offer and your doctor's restrictions in writing so the conflict is documented.

Do I lose my medical treatment if I turn down light duty?

Generally no. A refusal of light duty affects your lost-wage (indemnity) benefits, not your authorized medical treatment for the work injury, which typically continues.

What should I do if the insurer suspends my benefits over a light-duty offer?

You can request a hearing before the Workers' Compensation Board. Bring the written offer, the job description, and current medical restrictions from your treating doctor. Outcomes vary based on the specific facts and evidence.

Could I have a claim beyond workers' comp for my work injury?

Sometimes. If a party other than your employer contributed to the injury, you may have a separate third-party claim in addition to your comp case. The facts of how and where you were hurt determine this.