Can an Employer Fire You for Being on Light Duty in Virginia?
Work injuries interrupt more than just your physical health. They impact your daily routine, income, and sometimes your standing with your employer. If your doctor places you on modified work duties, you might wonder whether your employer can fire you for being on light duty in Virginia. The short answer is not always straightforward. Virginia law provides certain protections, but employers often seek loopholes.
The Virginia workers’ compensation lawyers with Geoff McDonald & Associates understand how uncertain things feel when you are trying to heal and also hold onto your job. If your hours were cut or your boss treats you differently because you are not performing your regular duties, it may not be a coincidence. You deserve clarity about where the law stands and how a lawyer from our team will help you push back when something does not feel right.
Understanding Light Duty in Virginia
When a physician assigns light duty in Virginia, they are stating that you cannot perform your usual tasks but remain capable of doing some type of work. That could mean shorter shifts, fewer physical demands, or clerical tasks instead of manual labor. Employers are not required to create a brand-new position just to accommodate you, but if a suitable role already exists, they cannot ignore it.
You do not lose your rights just because you are working under medical restrictions. Virginia Code § 65.2-510 prohibits retaliation for pursuing a workers’ compensation claim. If your employer uses your modified status as a pretext to push you out, that may amount to wrongful termination. An attorney from our office will dig into your employment records, analyze communications from your supervisor, and identify whether the firing aligns with a change in your medical status.
Some employers argue that light-duty employees cannot perform “essential functions” and therefore do not qualify for protection. That position becomes harder to defend when the same company kept others on staff who had temporary limitations. We will ask the right questions and look for inconsistencies in how similar cases were handled.
What Happens if Your Employer Fires You While on Light Duty in Virginia
When an employer terminates someone working light duty, it often has little to do with performance. It may have more to do with costs, coverage issues, or internal politics. That does not make it legal. Employers sometimes assume that if you are hurt, you are no longer valuable. Others worry that keeping you on payroll could make their insurance premiums rise. Those fears do not justify treating you differently.
Your employer might try to mask the decision by citing vague performance issues or restructuring. That does not automatically mean their explanation holds up under scrutiny. We will look at the facts behind the paperwork. You do not need to accept their version of events without a closer review.
Light Duty in Virginia Should Not Equal Less Protection
Too many employees believe that accepting light duty somehow reduces their legal rights. That is not true. You accepted a modified role because you wanted to contribute, not because you gave up the protections that come with your employment status. If your employer tries to fire you for being on light duty in Virginia, we will step in.
Being fired while recovering from a job-related injury should not be treated like just another HR matter. A lawyer from Geoff McDonald & Associates will view it for what it is – potential retaliation. An attorney will help you take a strong, fact-based approach to your case and make sure you are not left wondering what went wrong.
Light duty in Virginia does not give an employer a free pass to act unfairly. We know how to identify when a firing crosses the legal line, and we will help you respond with confidence and care. Schedule a free case review by contacting us online or calling 804-888-8888.