Going back to work after an injury: what are my rights?

You can go back on light or modified duty if your doctor signs off, and going back doesn't wipe out permanent disability you're owed. If you can't return to your old job at all, you may get a $6,000 voucher for retraining plus a one-time $5,000 payment from the state.

When your doctor says "light duty"

Your treating doctor sets the rules: no lifting over 10 pounds, no standing more than 30 minutes, whatever fits your injury. Your employer can offer you work inside those limits. What happens to your money depends on what they offer.

Back at full hours and full pay, your temporary disability stops. Back at fewer hours or lower pay, temporary partial disability covers about two-thirds of the gap. If your employer has nothing that fits your restrictions, temporary disability keeps going while you heal.

Here's the part people get wrong. If the "modified" job doesn't actually fit your restrictions, don't just stop showing up, and don't quietly push through it either. Tell your doctor, ask for the offer in writing (duties, hours, pay), and get advice before you say no.

Source: DWC Injured Worker Guidebook, Chapter 5.

When your doctor says "permanent"

Going back to work doesn't cancel permanent disability. The state's guidebook says it directly: "You don't have to lose your job to be eligible for PD benefits." What can change is timing. If your employer offers work paying at least 85 percent of your old wages, or you're back at full pay, the insurer can wait until there's an award to start PD payments (Labor Code section 4650(b)(2)). It still owes them.

Sources: DWC Guidebook, Chapter 7; Labor Code § 4650(b)(2).

When there's no job to go back to

This is where the retraining money comes in. For injuries since January 1, 2013, if you end up with a permanent disability and your employer doesn't offer you regular, modified or alternative work lasting at least 12 months within 60 days of the final medical report, you get a Supplemental Job Displacement Benefit voucher worth up to $6,000 (Labor Code section 4658.7).

It pays for retraining at a California public school or a provider on the state's Eligible Training Provider List, licensing and exam fees, some job-search help, tools you need for the program, and up to $1,000 for a computer. It expires two years after it's issued or five years after the injury, whichever is later. Hurt between 2004 and 2012? An older version applies, worth $4,000 to $10,000 depending on your rating.

Once you have the voucher, apply for the state's one-time $5,000 Return-to-Work Supplement. You have one year from when the voucher was served on you. The state decides within 60 days and pays within 25 days of approval.

Return-to-work benefits at a glance

Benefit	Amount	The rule that matters
Job displacement voucher	Up to $6,000	Injury 2013 or later, no qualifying 12-month job offer within 60 days
Return-to-Work Supplement	$5,000, once	Apply within 1 year of the voucher being served
Older voucher (2004 to 2012 injuries)	$4,000 to $10,000	Depends on your permanent disability rating

If your employer tells you there's no job for you, get that in writing. It's the thing that triggers the voucher.

Sources: Labor Code § 4658.7, § 4658.5, § 139.48; DIR Return-to-Work Supplement Program.

Call (323) 656-9040 or send us the short form to discuss what happened.

When they push you out instead

Firing, demoting or otherwise punishing you because you got hurt or filed a claim is illegal under Labor Code section 132a, and there's a one-year deadline to act on it. Our retaliation guide lays out what counts and what you can recover. Warehouse workers have an extra layer: under California's quota law, a quota can't keep you from breaks, the bathroom or safety rules. More on that for warehouse and logistics workers.

Before you quit, accept a settlement or turn down an offer, call us. Those are the three decisions that are hardest to undo.

Sources: Labor Code § 132a; § 2102.

Questions about going back