Florida’s workers compensation system tries to balance two goals that do not always sit comfortably together. It wants injured workers to heal without financial free fall, and it wants employers to manage costs by returning people to productive work as soon as it is medically safe. Alternative or modified work sits squarely in the middle of that tension. If you have been hurt on the job in Orlando and your employer offers light duty or a different position, what you do next can change your wage loss benefits, the pace of your medical care, and even the arc of your claim.
I have sat across the table from warehouse pickers whose hours were cut in half after a light‑duty offer, nurses who were told to answer phones for a fraction of their old pay, and theme park mechanics suddenly moved to greeter stations. The law sets a framework, but real cases turn on precise facts: job descriptions, doctor’s notes, pay stubs, and how carefully everyone documents the day‑to‑day reality. If you understand the mechanics, you make better choices.
How Florida evaluates work ability after an injury
In workers compensation, your ability to work is defined by medical restrictions, not your opinion or your supervisor’s assurances. After an accident, the authorized treating physician assigns restrictions. That could be a lifting limit, a prohibition on climbing, or a need to alternate sitting and standing. The doctor might say you are totally off work for a period, or that you can return with light duty.
Employers in Orlando often have “transitional duty” programs. They will ask for your restrictions and scramble to identify tasks that fit. I have seen hospitality employers convert housekeepers into lobby attendants, construction firms place laborers in tool rooms, and distribution centers create “audit” roles that involve scanning labels while seated. Sometimes it is a genuine fit. Sometimes it is rushed, vague, or plainly outside the medical box.
Under Florida law, if a valid light‑duty job is offered within your restrictions and within a reasonable commuting distance, your entitlement to temporary total disability checks usually stops. That does not mean you are back to full pay. It means the system expects you to try the work, then it measures any wage loss compared to what you used to earn.
What makes an alternative duty offer valid
Three ingredients decide whether an offer has teeth. The job must be real, within your doctor’s restrictions, and adequately communicated.
A real job is not a placeholder with no hours. It has a schedule, a supervisor, and tasks that exist outside your case file. Employers sometimes invent “sit and watch videos” roles. Those can be fine for a few days if the doctor prescribes rest and mental tasks, but a weeks‑long chair warmer assignment tends to raise red flags, especially if it evaporates whenever payroll gets tight.
Within restrictions means exactly that. If the doctor caps you at eight pounds and the “light duty” includes stocking ten‑pound boxes because “they are small,” that misses the mark. If you need to elevate a leg every hour and the workstation cannot accommodate it, the job does not fit. Documentation matters here. Bring the written restrictions to the first day. If tasks exceed them, pause and ask a supervisor to put any directive in writing. Then loop in the adjuster and your workers comp attorney.
Adequate communication requires more than a hallway conversation. A proper offer specifies start date, location, hours, pay, and duties. It should be delivered so you can keep a copy. Informal or last‑minute texts are common, yet they sow confusion. If an employer claims you refused light duty but never gave details, that gap can preserve your benefits. I tell clients to reply in writing, confirm the details, and note you intend to comply if the work aligns with your medical restrictions.
The math behind wage loss after a light‑duty offer
Temporary partial disability benefits exist to bridge the gap when you can work within limits but cannot earn your pre‑injury wage. The calculation looks simple in theory and messy in practice. Start with your average weekly wage, the number that drives all benefits in your claim. Then look at what you actually earn in the light‑duty role. The benefit typically pays a percentage of the difference, subject to caps and floors that change each year.
Here is how it feels on the ground. A hotel housekeeper who averaged 45 hours per week at 18 dollars per hour might have an average weekly wage in the low 800s after adjustments. If light duty gives her 30 hours at the same rate, she now clears 540 per week. The system often replaces a share of the gap between the 800 baseline and the 540 current pay. If the employer cuts her rate for light duty, the gap widens. That one employer decision can shift hundreds of dollars per month in benefits.
A common friction point arises with overtime. Pre‑injury, many Orlando workers rely on OT in hospitality, logistics, and construction. Restrictions usually eliminate overtime opportunities. The law recognizes that lost overtime is real wage loss. Document your schedule history with time cards or payroll reports. I have seen adjusters concede wage loss once shown three months of steady overtime before the injury.
When refusal is not refusal
Workers are often told that if they do not accept any light duty they forfeit checks. That is not how the law reads. You can refuse work that violates restrictions, is not within a reasonable commuting distance, or is otherwise not legitimate. Reasonableness turns on context. A 15‑mile commute across Orlando can take more than an hour depending on time of day. If the employer relocates the job to a remote facility with no public transit and you cannot drive because of medication, a blanket demand to report at 5 a.m. may not be considered reasonable.
Medical conflicts matter too. A delivery driver on post‑surgery medication cannot be forced to operate a vehicle. A vocation that requires safety‑sensitive tasks may be off the table until cleared. Refusal, to be safe, should be documented and tied directly to the restriction. Convey your concerns in writing and request a revised assignment that meets the doctor’s limits. This preserves your credibility and shows a good‑faith effort to work.
The trap of “make‑work” and hours manipulation
Another pattern I see is the slow shrink. An employer makes a compliant light‑duty offer, then cuts hours, changes shifts, or sends the worker home after an hour because “there is nothing to do.” On paper, they can tell the insurer the worker returned. In reality, the paycheck craters. The law does not punish you for lack of available hours. Wage loss benefits should reflect actual earnings, which means you need to keep pay stubs and log days sent home early. If the employer cancels shifts routinely, report it promptly to your adjuster and your lawyer. These facts often support increased temporary partial benefits or pressure the employer to offer steady hours.
The opposite happens too. Employers sometimes flood the light‑duty worker with tasks at the edge of restrictions and count on the worker’s pride to avoid speaking up. Do not “be a team player” at the expense of your recovery. If a job repeatedly breaches medical limits, each overexertion incident becomes a second injury risk and a credibility problem for the employer’s program.
How your doctor’s words shape your case
Workers compensation in Florida lives and dies on the authorized doctor’s notes. A single phrase like “full duty as tolerated” can be the difference between a temporary total check and a light‑duty return. You are allowed to explain your real work demands to the doctor. Bring a written description of your pre‑injury job, especially the lifting, standing, and repetitive motion. If the employer provides a proposed job description for light duty, take it to the appointment. Ask the doctor to review it and write specific restrictions or approvals. Vague notes fuel disputes.
When restrictions change, tell your employer and the adjuster immediately. I have seen people work for weeks under looser limits because the employer never received the updated note. Meanwhile, benefits stayed reduced based on the old restrictions. Communication prevents that drift.
The independent medical exam pivot
If an adjuster dislikes your doctor’s restrictions or thinks you are not progressing, they may send you to an independent medical examination. The name is optimistic. These exams are not truly independent, but they do carry legal weight. The IME may say you can do more than your treating physician allows. That opinion can justify aggressive offers of modified work or a reduction in benefits.
Preparation matters. Review your symptoms and limits beforehand. Do not exaggerate. Demonstrate the exact motions that cause pain or numbness. If the IME’s report conflicts with your reality, your workers compensation lawyer can schedule a one‑time change of physician or seek an expert medical advisor under Florida procedure when the opinions clash. Meanwhile, treat any new work offer carefully. Ask for tasks in writing, compare them to both sets of restrictions, and follow counsel on whether to attempt the job.
Vocational factors that often get ignored
Not all light duty is created equal. Language skills, certifications, and training shape what is realistic. Orlando’s workforce includes people who operate heavy equipment, care for patients, serve international tourists, and maintain attractions. If a welder with cervical restrictions is offered a desk role that requires advanced inventory software he has never used, the employer should provide training and a reasonable ramp‑up. If a medical assistant is placed at a call desk but the role demands bilingual fluency she does not have, that is not a good‑faith match. These nuances rarely appear in the initial offer. Raise them early, propose alternatives, and document how they affect performance and wage loss.
Mileage, co‑pays, and the hidden costs of light duty
Returning to modified work introduces new costs. A different location can lengthen the commute. Public transit may not cover the route or time. Florida comp reimburses mileage to authorized medical appointments, but not to work. Track medical travel anyway. If the employer assigns duties that require your own vehicle when you normally work onsite, you may have a legitimate objection, especially if medication or restrictions limit driving. Alongside this, follow through on therapy and appointments. Missing care to hold a light‑duty shift often leads to worse long‑term outcomes and, ironically, more wage loss.
Termination during light duty and its ripple effects
Sometimes the relationship sours. A worker on light duty is written up for minor infractions and then terminated. Florida law examines whether the loss of employment was due to misconduct or within your control. If an employer sets you up to fail with unrealistic quotas or tasks beyond restrictions, the termination might not shut off benefits. On the other hand, no‑call no‑shows after a valid offer can reduce or suspend checks. The record you build matters. Save schedules, attendance records, and any emails about assignment changes.
If you are let go because the business downsized or the modified position ended, you generally remain entitled to medical care and wage loss benefits as long as restrictions continue and you make good‑faith efforts to find suitable work. That might include documented job searches. A seasoned workers comp law firm can tailor the strategy based on the facts, including whether a voluntary resignation was coerced or whether a severance agreement tries to waive comp rights.
Settlements and the timing of offers
Carriers often float settlement numbers after a worker returns to modified duty. The message is subtle: you are healing, the wage loss has narrowed, take the money and move on. That timing is not accidental. Settlement value reflects the remaining medical exposure, the likelihood of permanent impairment, and the reality of ongoing wage loss. If the light‑duty job looks temporary or the employer cannot sustain the accommodation, future wage loss remains a live issue. I approach settlement in phases. First, stabilize medical status to the point of maximum medical improvement or at least a predictable path. Second, evaluate the permanence of restrictions and whether vocational limitations will outlast treatment. Third, value the medical costs that Medicare might consider if the case involves a set‑aside. Only then does a number feel anchored to reality.
The role of a workers compensation attorney when light duty enters the picture
An experienced workers compensation lawyer does not just argue in court. Much of the value sits in shaping the paper trail. We review job offers before you respond, line them up against the doctor’s restrictions, and suggest edits. We push for clarity on hours and pay so wage loss is calculable. We catch mismatches, like a “sedentary” job that requires standing for five hours or a “no lifting” role that involves moving stacked chairs at day’s end.
When disputes escalate, we file for benefits with the Office of the Judges of Compensation Claims, seek depositions of supervisors to unpack what the modified job really entails, and cross‑check timekeeping data against the stated schedule. In Orlando, it helps to know the rhythms of local industries. For example, hospitality properties often rely on seasonal staffing models, which means a modified role might vanish when occupancy dips. Logistics hubs may run 24‑hour schedules, and switching a day‑shift worker on pain medication to a graveyard slot creates safety issues. A lawyer grounded in local practice can anticipate those moves and prepare responses.
If you are searching for a workers compensation lawyer near me or a workers comp attorney who knows how Central Florida employers handle alternative duty, focus on a track record with your industry. A best workers compensation lawyer for a nurse might not be the right fit for a roofer or a ride‑tech mechanic. Ask how they approach wage loss math, how often they challenge IME reports, and how they document hour cuts. A workers compensation attorney near me should be willing to translate dense forms into plain language and lay out your options at each fork.
Practical steps to protect your wage loss rights
- Get and keep every document: the doctor’s restriction notes, the written light‑duty offer, schedules, pay stubs, and any emails or texts about duties. Confirm all conversations in writing. If a supervisor assigns a task beyond your limits, email a recap asking for clarification. Track your hours worked and any days you are sent home early. Save photos of time clocks when allowed. Bring proposed job duties to your medical appointments and ask the doctor for specific, updated restrictions. Consult an experienced workers compensation lawyer before refusing any offer or signing any settlement documents.
These are small habits that add leverage. They also reduce stress. The more clearly your file shows what happened and when, the less room there is for argument over your wage loss.
Edge cases that surprise people
Light duty at a nonprofit or partner company. Some employers try to place injured workers at third‑party charities, framing it as community service within restrictions. The law does not forbid creative placements, but pay, supervision, and safety must still make sense. If you are not on the employer’s payroll during this placement, ask how wages are handled and whether you retain comp coverage if hurt again.
Remote work offers. Office‑heavy employers sometimes offer work from home. This can be a good solution for certain injuries, especially when commuting is difficult. Clarify hardware, software, training, and ergonomic accommodations. If the employer expects you to provide your own equipment, that can raise fairness and wage questions, though it does not automatically invalidate the offer.
Second injuries or aggravations. If a light‑duty task causes new pain or aggravates the original injury, report it immediately. Do not assume it is normal. Best workers compensation lawyer The authorized doctor can adjust restrictions or add diagnoses. I handled a case where a warehouse associate moved to scanning items at shoulder height all day. The original back injury stabilized, but a rotator cuff problem blossomed. Because we documented the change quickly, the claim expanded to cover shoulder treatment and the wage loss math adjusted again.
Language and literacy barriers. Orlando’s workforce includes many languages. If you do not fully understand a light‑duty offer, say so and ask for a translated version or an interpreter at the meeting. Ambiguity about duties or schedules can later be cast as misconduct. Clarifying upfront protects you.
Coordinating workers comp with FMLA and employer policies
Do not assume human resources will coordinate laws for you. Workers comp, FMLA, and disability policies run on different tracks. You can be on workers comp and FMLA at the same time. FMLA might protect your job while you cannot perform essential functions, but only if you meet eligibility requirements and the employer is large enough. If you take FMLA while on partial duty, wage loss benefits continue to depend on medical restrictions and actual earnings. Clarify whether the employer expects you to use accrued PTO during light duty. That practice varies and can be negotiable, especially when PTO depletion would mask wage loss.
When alternative work becomes permanent
Sometimes modified duty evolves into a permanent role that you can do well and safely. Other times, the employer cannot accommodate permanent restrictions. If you reach maximum medical improvement with a permanent impairment rating, the claim shifts. You may receive impairment income benefits. The larger question becomes vocational. If you cannot return to your old job and the employer cannot place you long term, you may look at broader job searches, retraining options, or a settlement that reflects future wage loss and medical needs.
In rare cases, vocational experts come into play. They assess your transferable skills and the local labor market. I have seen those reports used to argue both sides of the wage loss debate. An employer may say dozens of “sedentary assemblers” exist in the metro area, while the worker points out those jobs pay far less and require fine motor dexterity they no longer have. When the facts are developed, these debates become less abstract. A simple field visit to a purported “sedentary” workstation can reveal constant reaching or awkward postures that call the label into question.
A grounded approach for Orlando workers
Orlando’s economy is unique. Hospitality, healthcare, construction, aviation, theme parks, and logistics dominate. The physical demands and scheduling quirks differ widely. A work injury lawyer who practices here should understand how occupancy waves affect staffing, how seasonal rushes create overtime, and how facility size affects commuting time between campuses. That local context shapes what is reasonable for a light‑duty offer and how wage loss should be calculated.
If you are evaluating a modified job after an injury, your instincts might be torn. You want to heal, you want to work, and you want a paycheck that covers the rent. The law gives you a way to do all three, but it rewards careful documentation and early advice. A workers comp lawyer near me who knows the courthouse and the insurers can flag pitfalls you might miss, keep medical notes aligned with real duties, and make sure your wage loss benefits do not vanish because of a poorly drafted offer.
Choosing the right representative is personal. Look for an experienced workers compensation lawyer who will read the actual job offer, not just talk about “policies.” Ask how they handle hour cuts after a return, whether they have litigated duty‑within‑restriction disputes, and how they calculate temporary partial benefits in cases with heavy overtime. A credible workers compensation law firm will answer directly and give you clear next steps.
The alternative work path is not a loophole to reduce your claim. Done right, it is a bridge that preserves income while your body mends. Done poorly, it becomes a trap that erodes wage loss benefits and risks re‑injury. Put the facts on paper, keep your doctor in the loop, and let a capable workers compensation attorney carry the legal load so you can focus on getting better.