Q: Can my employer withhold overtime work due to being on light duty for workers comp?
I drive a school bus in the morning and afternoon. Between my routes I am on light duty instead of doing strenuous work on a labor assignment. They won't let me work overtime driving a bus.
A: After you are released to return to work, following a work injury, your employer can elect to offer employment to you within your restrictions. If you continue to suffer a loss in wages due to your restrictions (such as no longer getting overtime work), then you should be receiving partial workers' compensation benefits to make up for your loss of earnings. Call an attorney certified as a specialist in workers' compensation law, whether my firm or another of the fine attorneys on this board, and get advice specific to your case. Good luck!
A: They do not have to let you work overtime, but you may be entitled to temporary partial disability wage loss benefits through workers' compensation to make up the difference. I would suggest that you talk to a local workers' compensation lawyer about your rights and options.
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