When your employer presents a modified role while you are recovering from a work injury, you might wonder if you can decline it without putting your benefits at risk. Knowing how Delaware generally treats these situations can help you weigh your options with confidence.
Grounds for a modified-duty offer
Under the state’s workers’ compensation statute, employers may offer modified or light-duty work to injured employees. These assignments typically involve reduced physical demands, shorter hours or tasks that differ from your regular job.
An offer must align with the medical limitations your doctor has documented, and the position must represent a genuine role available at your workplace. If the agreement meets both criteria, state law generally expects you to accept it.
If the lighter role pays less than your former position, you may qualify for partial disability benefits that cover part of the gap. These payments generally equal two-thirds of the difference between your pre-injury wage and current earnings, but the state caps them at its maximum weekly benefit rate, and you can collect them for no more than 300 weeks.
Consequences of a refusal
If you decline a light-duty assignment, your employer must continue paying your wage replacement benefits until they petition the Delaware Industrial Accident Board and secure an official order allowing them to modify or suspend the payments. Once a petition is filed, your employer must first prove that the modified role was genuinely suitable.
Protections for injured workers
Not every light-duty offer requires acceptance. If the position exceeds your medical restrictions, such as requiring lifts beyond what your doctor has approved, you may have grounds to decline without penalty.
You may also have grounds to decline if the assignment creates a clear safety risk or directly conflicts with your medical treatment schedule. But state law does allow employers to create temporary roles that fit your physical restrictions.
If you qualify for leave under federal law, you can decline the assignment and continue your unpaid, job-protected leave. However, choosing to do so will generally result in the loss of your workers’ compensation wage replacement benefits.
Remedies in a disputed assignment
If you receive an offer that concerns you, you can request the job description in writing and ask your treating doctor and an attorney to review the listed duties against your current restrictions. An assessment that flags specific conflicts, such as a standing requirement that goes against a seated-work restriction, can support your case if the board calls a hearing.
Should the dispute reach a formal hearing, the initial burden of proof falls on the petitioning employer, though you will still bear the burden of proving your refusal was justifiable once suitability is established. The board sets a formal hearing to take place within 120 days of the filing date and prior to that, they will hold a pretrial conference to identify the disputed issues and scheduled witnesses.