August 25, 2009

Light duty job offers in workers’ compensation claims

The light duty job offer is one of the best tools available to employers and insurers in the workers’ compensation arena. A light duty offer helps reduce the cost of claims where an employee is receiving weekly indemnity benefits.

Under O.C.G.A. §34-9-240, an employer/insurer must first present a light duty job description to the authorized treating physician. This is usually done on a form WC-240a which sets forth the details and specific requirements of the light duty job. Next, if the doctor approves the job, the employer/insurer should make a formal “job offer” on a form WC-240 to the employee (and their attorney, if represented) with at least 10 days advance notice. The signed WC-240a should be attached behind the form WC-240. If the employee fails to show up for the light duty job assignment her weekly disability benefits may be suspended immediately. Usually, the employee will appear and briefly “attempt” the job. If she does not continue working at least 15 days she is entitled to a resumption of benefits; however, the employer/insurer can request a hearing on the suitability of the light duty job and request that weekly benefits be suspended.

An employer committed to offering light duty work to injured employees can help drive down the cost of claims. More often than not this will also help to get the claim resolved.

Please visit us at

David W. Willis, Esq.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.