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Oilfield Injury Questions

Do I Have to Take Light Duty After an Oilfield Injury?

Updated
Short Answer

You can say no, but it can cost you. If your employer makes a bona fide offer under Texas DWC Rule 129.6, meaning a written offer that fits your treating doctor's restrictions and is reasonably close to home, turning it down lets the comp carrier cut your income benefits. If the offer doesn't meet those rules, or the work goes beyond your restrictions, you have grounds to refuse.

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In the oilfield, light duty usually means sitting in the yard shack, washing trucks or sweeping the shop. Sometimes it's a real job that helps you heal and keeps a check coming. Sometimes it's a way to cut your benefits or push you to quit. Here's how to tell the difference.

Why Companies Offer It

Why the Call Comes So Fast

A worker on light duty is cheaper for the carrier. Every dollar you earn on light duty reduces the income benefits it has to pay. Some companies also want the injury off their lost time records, because lost time injuries hurt their safety numbers with operators. None of that makes light duty bad. It just means the offer is built around their interests, so check it against yours.

What Makes an Offer Bona Fide

Texas DWC Rule 129.6 sets the bar. A real light duty offer has to be in writing and include all of this:

01

Your restrictions. A copy of the Work Status Report the offer is based on, usually DWC Form 073 from your treating doctor.

02

The job details. Where you'll work, your schedule, your pay and the physical and time demands.

03

A promise. A statement that you'll only be given tasks within your physical abilities and skills, with training if needed.

04

Reasonable access. The job has to be geographically accessible considering your injury, the distance, transportation and your normal schedule.

A phone call saying "come back Monday, we'll find something for you" is not a bona fide offer.

The distance rule matters in the Permian

A lot of hands live hours from the patch and drive in for their hitch. An offer to report daily to a Midland yard when you're recovering at home in East Texas or Louisiana may not be geographically accessible. The rule requires the carrier to weigh how far you'd travel, how your injury affects driving and if you even have a way to get there.

What Happens to Your Check If You Say No

While you're off work, comp pays temporary income benefits, generally 70 percent of the difference between your average weekly wage before the injury and what you earn now, up to the state maximum.

If you turn down a bona fide offer, the carrier can treat the offered pay as if you were earning it. If light duty pays as much as you made before, your income benefits can drop to zero. If it pays less, you'd get 70 percent of the gap. That kicks in on the day you reject the offer, or seven days after you receive it if you never answer.

The exception: if your treating doctor tells the carrier the job doesn't fit your restrictions, the carrier can't count the offered wage against you.

How to Handle the Offer

✓Ask for the offer in writing if you only got a call
✓Take the written offer to your treating doctor right away
✓Ask your doctor to tell the carrier if the job doesn't fit your restrictions
✓Keep a copy of every Work Status Report
✕Don't let the seven day window pass without answering

If you disagree with the carrier about an offer, you can request a benefit review conference with the Division of Workers' Compensation.

When Light Duty Isn't Light

This is the most common problem. The paper says sedentary work. Then somebody needs a hand on the rig floor, a truck needs unloading or the shop needs help with pipe. If you're asked to go beyond your restrictions:

✓Say no to the task and point to your restrictions
✓Text or email your supervisor so there's a record
✓Keep a daily log of what you were asked to do and who asked
✓Tell your doctor at your next visit

A new or worse injury on light duty can become part of your claim, but it's much easier to prove when you documented the problem as it happened. Getting written up or fired for refusing work outside your restrictions can also be evidence of retaliation. See can I be fired for an oilfield injury claim.

If the Light Duty Job Goes Away

Light duty in the oilfield doesn't always last. Activity slows, the yard job gets cut or the company decides it doesn't need you. If you lose a light duty job while you're still under restrictions, your income benefits can pick back up, because your earnings dropped for a reason tied to the injury. Income benefits generally end when your doctor says you've reached maximum medical improvement or after 104 weeks.

Light Duty With a Nonsubscriber

Rule 129.6 is a comp rule. If your employer is a nonsubscriber, the light duty terms come from its private injury plan, not the state. Turning it down may cost you plan benefits or the job itself. On the other side, the ADA can require reasonable accommodations at companies with 15 or more employees, and pushing you into work that makes your injury worse can become part of a negligence case. See nonsubscriber employers.

The Numbers That Matter

Light Duty and Your Comp Check

7 Days

To Respond

The carrier can count the offered wage against you once you reject the offer or seven days after you receive it.

70%

Of the Gap

Temporary income benefits generally pay 70 percent of the difference between your old wage and your current one.

104 Wks

Maximum

Temporary income benefits generally end at maximum medical improvement or after 104 weeks.

DWC Rule 129.6 and Texas Labor Code Chapter 408. Benefits are subject to a state maximum that changes each year.
Quick Answers

More on Light Duty

What happens if I refuse light duty in Texas?

If the offer is a bona fide offer under DWC Rule 129.6, the carrier can treat the offered wage as if you were earning it and cut your temporary income benefits. If the offer doesn't meet the rule, refusing it shouldn't affect your benefits.

What makes a light duty offer bona fide?

It has to be in writing and include your doctor's Work Status Report, the location, schedule, wages and physical requirements, and a promise to assign only tasks within your restrictions. The job also has to be geographically accessible to you.

What if light duty work goes beyond my restrictions?

Tell your supervisor in writing, stop the task and tell your treating doctor. Your doctor can notify the carrier that the job doesn't fit your restrictions. Keep a written record of every task you were asked to do.

Does light duty pay the same as my regular job?

Not always. If light duty pays less, comp temporary income benefits generally cover 70 percent of the difference between your average weekly wage before the injury and what you earn now, up to the state maximum.

See all of our oilfield injury questions, or read about workers compensation versus a lawsuit in Texas.

Sources

28 Texas Administrative Code 129.6 · Texas Labor Code Chapter 408 · Texas Department of Insurance, Return to Work FAQ

This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship.

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