One major goal of the North Carolina Workers’ Compensation system is to help injured workers return to the workforce safely and as quickly as medically appropriate. But what happens when your doctor, employer, or case manager pushes you to go back to work before you feel ready?
In these situations, it’s important to understand the concept of “suitable employment”, and how it impacts your right to continue receiving Workers’ Compensation benefits.
Why “Suitable Employment” Matters
If you’re receiving temporary total disability (TTD) benefits, your employer or their insurance carrier may try to get you back on the job sooner than you expect. Under North Carolina law, if you're offered a job that qualifies as suitable employment and you refuse it, your weekly compensation checks could be stopped.
This is one of the most critical and confusing parts of the Workers’ Compensation process. That's why it's essential to know your rights and speak with an attorney before making any decisions.
What Is “Suitable Employment”?
North Carolina law (G.S. 97-2(22)) defines “suitable employment” differently depending on where you are in your recovery process. The key distinction is whether or not you’ve reached Maximum Medical Improvement (MMI).
What Is MMI in Workers’ Comp Law?
Maximum Medical Improvement means your recovery has reached a plateau, you’re not expected to get significantly better, even with more treatment. Your authorized treating physician is the one who determines when you've reached MMI.
North Carolina’s General Statutes define suitable employment differently based on your recovery stage:
Pre‑MMI (Before Maximum Medical Improvement)
If you're still recovering and not yet at MMI, "suitable work" includes any position that:
- Fits within your current medical restrictions, and
- Is approved by your authorized treating physician
This could mean light-duty tasks, modified duties, or “make work” assignments—so long as your doctor supports it. This type of work is considered rehabilitative in nature many times.
Post‑MMI (After Maximum Medical Improvement)
Once you've reached maximum improvement, suitable employment must:
- Align with your medical restrictions and functional abilities
- Be within 50 miles of your home (or current location if you’ve legitimately moved)
Importantly, “make work” jobs are no longer considered suitable once you’re post‑MMI.
This means your employer cannot simply offer any job and expect you to accept it. It must be appropriate for your post-injury capabilities and cannot be “customized” or “created” just for you. It should be available to other people with similar work restrictions in the local and competitive work environment.
Can My Old Job Be Considered Suitable?
Not always. You may not be physically or mentally able to return to your old position, and that’s okay. Just because you performed the job before doesn’t mean it’s legally suitable now.
Determining suitability is complex and can have a major impact on your benefits and overall case value. Employers and insurance carriers don’t always get it right, and that’s where legal advocacy becomes critical.
Why You May Need an Attorney
The rules around MMI, job offers, and benefit eligibility are confusing by design, and missteps can cost you your income and care.
Why Employers Use Suitable Employment Offers
Employers or insurers may propose a job that qualifies as “suitable” because:
- It enables you to return to work earlier, reducing costs,
- It triggers temporary partial disability (TPD) if you earn less than your pre-injury wages.
However, not all offers are genuinely fair or lawful, and refusing a suitable offer could affect your benefits.
Your Rights & What You Should Do
- Review job offers carefully—ensure they align with your doctor’s restrictions.
- Consult your attorney before accepting or refusing—there may be nuances in how NC law applies to your case.
- Document everything—copies of job descriptions, medical opinions, and communications matter.
- Ask questions—Is the role full-time or part-time? Does it pay fairly? Does it match your skills? Are accommodations in place?
At Shankle Law Firm, Maggie Shankle, a Board-Certified Workers’ Compensation Specialist, personally reviews every case to ensure your rights are protected and your recovery timeline is respected.
Free Consultations Available
Before returning to work or signing anything, speak with a qualified attorney. We’ll help you understand:
- Whether a job offer is truly suitable
- What are your rights during recovery
- How to protect your ongoing Workers’ Compensation benefits
Contact Shankle Law Firm today for a free consultation. We’re here to guide you every step of the way.
*Please Note - The content on this website is for informational purposes only and does not constitute legal advice. Viewing this site, using information from it, or communicating with Shankle Law Firm, PA through this site does not create an attorney-client relationship. For legal advice tailored to your situation, please contact us directly at (704) 370-1212.