Can Workers’ Comp Send Me to a Charity or Nonprofit for Light Duty in Illinois?

By Workers’ Compensation Attorney Matthew C. Jones

An Illinois employer may offer temporary light-duty work at a charity or nonprofit while you recover from a work injury. In my experience, IWCC arbitrators have often accepted these arrangements and recommended that injured workers report for suitable work and get paid. Refusing an assignment simply because it is at a nonprofit can put your temporary disability benefits at risk.

But the details matter: the actual duties, your doctor’s restrictions, the location, the hours, and the pay. Being sent to a charity does not make every assignment appropriate, and returning to work does not necessarily end your right to wage-loss benefits.

A common example we see is an injured worker assigned to fold clothes at a Salvation Army location. The worker’s regular employer cannot provide light duty at its own workplace, so it arranges a temporary placement elsewhere.

What Is a Charity or Nonprofit Light-Duty Assignment?

These placements are sometimes called transitional duty or temporary transitional employment. Instead of performing modified work at your regular employer’s location, you perform limited duties at another organization during your recovery.

For example, someone whose normal job involves heavy lifting might be offered clothing sorting or simple clerical tasks at a nonprofit. The employer may continue paying the worker while the nonprofit provides the worksite.

The word “volunteer” can create confusion. A paid transitional work assignment is different from ordinary unpaid volunteering. Before starting, ask who will pay you, how much you will earn, who will supervise you, and whether you remain on your employer’s payroll. Those facts can affect the dispute.

Our Illinois light-duty work guide explains the broader rules about restrictions and modified job offers. This article addresses the additional questions that arise when the worksite is a charity or nonprofit.

My Experience With These Assignments at the IWCC

When these assignments started appearing more often roughly five to ten years ago, we fought them hard. The disputes generated substantial litigation, including cases that moved beyond the initial hearing level.

I still have reservations about the arrangement. An injured worker accepted a job with a particular employer. Being sent to a location the worker did not choose, to perform work for an organization the worker did not choose, can feel very different.

In my experience, however, arbitrators frequently did not share that objection. At pretrial conferences, we repeatedly heard recommendations that workers report for the very light work and get paid. The practical reasoning often seemed to be that folding clothes at a nonprofit was not meaningfully different from stuffing envelopes on light duty at the original workplace.

That is my account of how these disputes have been treated in practice. A pretrial recommendation is different from a binding decision after a hearing. Our article on Illinois workers’ compensation pretrial conferences explains that distinction and what happens when the parties cannot resolve a dispute.

Today, we continue to see nonprofit placements semi-frequently. The more useful questions are usually whether the particular assignment is medically suitable, whether its terms are reasonable, and whether the worker is being paid correctly.

Has the IWCC Accepted Nonprofit Transitional Work?

Yes, in particular circumstances. One Commission decision addressing this issue is Stegan v. RelaDyne, LLC, 19 IWCC 0174, case number 17 WC 07749.

In that case, the employer offered an injured worker temporary duties at Habitat for Humanity while continuing his regular pay and retaining control over his employment. The Commission upheld the TTD cutoff after he declined the placement. It specifically noted that he had not argued that the site was too far from home or that the work exceeded his restrictions.

The decision illustrates why a worker should not assume that an off-site nonprofit assignment can be refused without consequences. It is a Commission decision involving a specific arrangement, rather than a blanket rule approving every charity placement. Medical suitability and the actual employment terms still require review.

The Work Must Fit Your Actual Medical Restrictions

“Light duty” is a label. The job description and the work you actually perform matter more.

Folding clothes might sound easy, but an assignment could also involve carrying donation bags, moving bins, reaching overhead, repetitive gripping, or standing throughout a shift. Those tasks can present different problems for someone recovering from a shoulder, hand, back, or knee injury.

Compare the written offer with your doctor’s current restrictions, including any limits on:

• Lifting, carrying, pushing, or pulling.
• Repetitive hand use, gripping, or overhead reaching.
• Standing, walking, sitting, bending, or the need to change positions.
• Shift length, work hours, breaks, and other medically necessary limits.

If the offer is vague, request a description of the actual tasks. Give that description to your treating doctor when medical clarification is needed. If the duties change after you arrive, document the change and promptly tell your employer and lawyer.

A person who is not medically released for work presents a different issue from someone released for restricted work. The insurer’s offer alone does not establish that you can safely perform the assignment.

What If the Charity Assignment Is Far From Home?

The location can be a legitimate issue. I have had success challenging placements that sent clients far from their homes and regular jobs. One example is a Chicago resident employed in Chicago being directed to an assignment in Elgin.

That does not mean every Chicago-to-Elgin placement is automatically improper. It means the employer’s choice of location deserves scrutiny, especially when it substantially changes the worker’s usual commute or creates a medical problem.

Relevant facts can include the original commute, the proposed travel time, available transportation, the worker’s medical limits, the work schedule, and the effect on necessary treatment appointments.

I do not apply a universal mileage cutoff. These are fact-specific disputes. A documented explanation of why the location is unreasonable or medically unsuitable is more useful than simply saying you do not want to work there.

What If the Nonprofit Assignment Pays Less?

Returning to paid work does not necessarily eliminate all temporary wage-loss benefits. If you are still recovering and the restricted assignment leaves you earning less, temporary partial disability, or TPD, may be owed.

The pay gap can result from a lower hourly rate, fewer hours, or the loss of work you otherwise could have performed. Keeping the same hourly rate does not answer the question if the assignment provides only part of your normal workweek.

For injuries on or after June 28, 2011, the general TPD calculation uses two-thirds of the qualifying difference between what you could earn performing your pre-injury duties and your current gross earnings. The actual calculation requires the appropriate wage evidence and any applicable statutory limits.

For example, assume the evidence establishes $1,200 in weekly earnings for full performance of the original job and $800 in gross earnings from the temporary placement. The difference is $400. Two-thirds is approximately $266.67 in weekly TPD, assuming no applicable limit changes the amount.

Our dedicated guide explains TPD benefits when light duty pays less, including reduced hours and lost overtime. You can also review how much Illinois workers’ comp pays and how average weekly wage is calculated. TPD uses its own statutory earnings comparison; it should not automatically be calculated by copying the AWW figure used for TTD.

What Should You Get in Writing Before Reporting?

Keep the offer and request enough information to evaluate it:

• The nonprofit’s name, address, and the date you are expected to start.
• The actual duties, physical demands, and person supervising the work.
• The hours, days, breaks, and expected duration of the assignment.
• The pay rate, who issues your wages, and the employer’s role in the placement.
• How your restrictions and treatment appointments will be accommodated.

Save emails, texts, job descriptions, attendance records, and pay stubs. If an objection concerns the commute or a particular task, identify that problem specifically. Those records help distinguish a suitability dispute from a refusal based only on the fact that the work is at a charity.

Can You Refuse a Charity Light-Duty Assignment?

There can be valid reasons to challenge an assignment. Work outside your restrictions, an unreasonable location, or unclear employment terms may require intervention. But a blanket refusal can create a serious benefits dispute.

Before refusing, have your lawyer review the offer and obtain medical clarification when needed. If a duty causes symptoms or conflicts with a restriction, report the specific problem promptly rather than silently continuing beyond your medical limits.

If the insurer stops payments, keep its explanation and the documents showing your work status and the proposed job. Read what to do when workers’ comp stops your checks. When no suitable work is actually available, our guide to an employer that cannot accommodate work restrictions addresses the related TTD questions.

Does a Temporary Charity Placement Resolve Permanent Restrictions?

A temporary assignment during recovery does not, by itself, establish that you can return to your regular job or that an equivalent permanent job exists.

If your doctor later imposes lasting restrictions, the case may require a separate evaluation of your ability to return to work, vocational rehabilitation, and permanent disability. Our guide to permanent work restrictions in Illinois workers’ comp explains those next steps.

Frequently Asked Questions

Can workers’ comp send me to the Salvation Army for light duty?

A paid temporary placement at a Salvation Army location can be offered, and we see clothing-folding assignments in practice. Review the duties, restrictions, location, hours, and pay before deciding how to respond. The organization’s name alone does not establish whether the assignment is suitable.

Do I have to work for free at a nonprofit?

Ordinary unpaid volunteering and an employer-paid transitional assignment are different arrangements. Request written clarification about wages and who is employing and supervising you. Do not assume that the label “volunteer” explains your pay or your benefits.

Will I lose workers’ comp if I object to the placement?

Objecting is different from refusing suitable work. Identify and document the specific medical, location, or pay problem. Refusing solely because the assignment is at a nonprofit can put TTD at risk, as the Stegan decision illustrates.

Can I receive workers’ comp while doing the charity assignment?

You may be entitled to TPD if you remain temporarily restricted and the assignment produces a qualifying earnings loss. Medical benefits are a separate part of the claim. Doing light duty does not automatically resolve every benefit issue.

Legal Sources

• Illinois Workers’ Compensation Act, Section 8, 820 ILCS 305/8.
• IWCC Handbook, particularly Sections 6 and 7 on temporary disability benefits.
• Stegan v. RelaDyne, LLC, 19 IWCC 0174 — IWCC March 2019 decisions archive; individual decision copy hosted by Klauke Law Group.

Matthew C. Jones is an Illinois workers’ compensation attorney at McHargue & Jones. The practice observations above describe his experience handling these disputes; the outcome of a particular assignment dispute depends on its facts and evidence.