Montana Work Comp Light Duty – When You Have to Go Back to Work (and When You Don’t)
One of the most stressful moments in a Montana workers’ compensation case is when the adjuster or employer suddenly says:
“We’ve got a light duty job for you. You have to come back, or we’ll stop your benefits.”
Light duty or “modified” work can be a good thing if it’s safe, real, and within your medical restrictions. It can also be a trap used to shut off your wage loss benefits and push you out the door.
This article walks through how light duty works in Montana work comp, what “suitable” employment really means, and some of the return-to-work games I see employers and insurers play.
For a bigger-picture overview, see:
Understanding Your Rights: Montana Workers’ Compensation Explained
Why Light Duty Matters So Much in Montana Work Comp
While you’re off work and unable to earn wages, the work comp insurer may owe:
- Wage loss benefits (temporary total disability), and
- Medical benefits for reasonable and necessary treatment.
If the insurer can argue that:
- You can work, and
- Your employer has a suitable light duty job for you,
they may try to:
- Stop your TTD checks, or
- Reduce your benefits significantly.
So when you get that “we have light duty for you” phone call, it’s not casual—it can be a turning point in your case.
What Is a “Light Duty” or Modified Job?
A light duty job is:
- A job offered by your employer,
- Allegedly within the restrictions given by your treating doctor,
- Usually less physical than your normal position.
Examples:
- A construction worker might be moved to paperwork, traffic flagging, or inventory instead of framing or roofing.
- A warehouse worker might be assigned to scanning barcodes instead of lifting boxes.
- A health care worker might do front-desk or scheduling work instead of patient lifting.
In theory, that’s fine. In reality, it can turn into sitting on a stool for eight hours with nothing to do, or doing “busy work” that still violates your restrictions.
For more on how your work comp pay is calculated when you’re off work or on reduced hours, see:
Montana Work Comp Wage Rate
Who Decides If Light Duty Is “Suitable”?
Not the adjuster. Not your boss. Your treating doctor is the key.
The usual process:
- Your employer creates a written description of the proposed light duty job.
- That description is sent to your treating doctor.
- Your doctor reviews the tasks, physical demands (lifting, standing, sitting, etc.), and hours.
- The doctor either:
- Approves the job as within your restrictions,
- Approves it with changes, or
- Rejects it as unsafe or outside your limitations.
If your treating doctor doesn’t approve the job, you generally cannot be forced to do it. If the doctor does approve it, refusing the job can put your wage loss benefits at risk.
Common Light Duty Traps in Montana Work Comp
These are patterns I see repeatedly:
1. “Make-work” jobs designed to fail.
Jobs that:
- Have no real purpose,
- Are humiliating or clearly punitive, or
- Are so boring or uncomfortable that people quit out of frustration.
When workers quit, the insurer says, “We had suitable work. They just didn’t want to do it.”
2. Jobs that quietly violate your restrictions.
Your restrictions might say:
- No lifting over 10–20 pounds,
- Limited bending or twisting,
- Standing no more than 30 minutes at a time.
But the light duty job requires more than that. Many workers “push through” because they’re worried about losing their job. Later, the insurer claims your worsening pain is because you’re not following medical advice.
3. Verbal offers with no paperwork.
The adjuster may say, “Your employer has light duty for you,” but nothing is put in writing and nothing goes to your doctor. If it’s not documented and doctor-approved, it’s not truly a light duty job.
4. Pressure to loosen your restrictions.
Sometimes employers pressure doctors—directly or indirectly—to loosen restrictions so they can say you’re “good to go.” Other times, they send you to an IME to get a more favorable opinion.
When You May Need to Accept Light Duty
You may have to accept light duty—or risk losing certain benefits—if:
- There is a real light duty job,
- The job is clearly described in writing,
- Your treating doctor reviews and approves it, and
- The job honestly fits those medical restrictions.
Even then, you should:
- Keep a daily log of your pain, tasks, and any problems,
- Report any task that violates restrictions,
- Ask to stop any task that causes new or increased pain.
“Toughing it out” is how small injuries become permanent ones.
When You May Have the Right to Say “No”
You have a much stronger basis to decline light duty if:
- Your treating doctor has not approved the specific job,
- The job clearly exceeds your restrictions,
- The job is hours away and travel is impossible with your condition,
- The “job” is essentially harassment or punishment for getting hurt.
Saying “no” in the wrong way can still create problems, so this is often where a short legal consult is worth it.
How Light Duty Affects the Value of Your Work Comp Case
Light duty can:
- Reduce or stop your wage loss checks,
- Shorten the period you’re considered temporarily totally disabled,
- Affect any later impairment rating and settlement discussions.
Insurers sometimes use light duty to build a simple story:
“You’re back at work, so you must be fine. You don’t need more treatment, and your case isn’t worth much.”
For many clients, the truth is very different. They’re:
- Struggling to get through the day,
- Using all their energy at work and collapsing at home,
- Giving up hobbies, family activities, and sleep because of pain.
Those realities matter, but they only show up in the record if we document them and push back.
For more on how settlements work, see:
What is my Work Comp Case Worth – Work Comp Settlement
What to Do If You’re Being Pushed Back to Work Too Soon
If you’re in Montana and being pressured to return to light duty:
- Get the job description in writing.
No paperwork, no real offer. - Make sure your treating doctor actually sees it.
Don’t rely on what the adjuster says about what your doctor “thinks.” - Be honest with your doctor about your limitations.
Tell them about pain levels at home, sleep issues, and what happens when you try to do certain activities. - Document everything.
Keep notes of:
- Phone calls with the adjuster,
- What your employer is asking you to do,
- Any tasks that violate restrictions.
- Consider a legal consultation before deciding.
A short conversation can help you understand whether turning down a job will actually put your benefits at risk, and whether the job is truly “suitable” under Montana law.