Marketing Guidelines

Light-Duty Restriction is known as the treating physician’s description of the work an injured worker can and cannot do. If an injured worker is released to return-to-work with light-duty restrictions, they have a duty to reasonably look for work within the restrictions imposed by their physician. Guidelines on looking for light-duty work are listed below.

1. Good faith search for work

An employee who is partially disabled—i.e., unable to perform the regular job but able to perform light-duty work—is required to seek light-duty work in good faith in order to receive disability benefits when the employee is not on an open award.

2. Factors the Commission considers

In deciding whether a partially disabled employee has made a reasonable effort to find suitable light-duty employment, the Commission considers such factors as:

  1. The nature and extent of the disability;
  2. The employee’s training, age, experience and education;
  3. The nature and extent of the job search;
  4. The availability of jobs in the area suitable given the employee’s disability;
  5. Any other matter affecting the employee’s capacity to find suitable employment.

3. Evidence of reasonable effort

It is presumed that, in most cases, an employee made a reasonable effort to look for work within the restrictions imposed by the treating physician.

  • Has registered with the Virginia Employment Commission within a reasonable time after being released to return to work;
  • Directly contacted at least five potential employers per week where there was a reasonable basis to believe that a suitable job might be available1;
  • If appropriate, contacted the pre-injury employer for light-duty work.

4. Keep a job search record

The employee should support information about job contacts with facts, preferably in writing, including the names of the employers contacted, their locations, the dates of contact, how the contact was made (in person, by phone, or online), and the outcome of each contact.

5. Pre-injury skills or experience

An employee with specific job skills or training may focus the job search on positions in that field if the employee can reasonably perform the work. If the search is not successful within a reasonable time, the employee must broaden the search beyond that field.

6. Method of contacting employers

Employer contact should be conducted in a manner reasonably suited to the position sought, which in some cases may be personal visits. In other cases, contact may be by phone, online, mail, or through employment agents such as union hiring halls.

7. Attempt to maximize earnings

If the employee accepts a job that pays substantially less than the pre-injury job, the employee should continue seeking higher-paying employment.

1 It is not necessary to prescreen or know for certain of the availability of a suitable job.