Should you decline a workers' compensation job offer?

If you as an injured employee receive a WC240 job offer,  it should describe the job to be returned to, the date and time,and that the treating physician has approved the job.  Sometimes an employee will know that the job is not as light as described and will just not go.  This is a bad mistake. 

When  properly implemented, the  240 procedure allows the employer to unilaterally suspend  income benefits upon the refusal of an employee to accept a  technically properly offered suitable job.  That means, if a claimant is receiving weekly benefits and fails to return to work on the date and time the job is offered, benefits will stop and a hearing will need to be requested to reinstate. That could take 6 months or more to do and will leave the claimant without benefits during the wait, even his or her position is legitimate.

If the employee, instead, tries the job but fails be able to continue for 15 days, the burden changes and benefits must continue until any hearing is held.  While the 15 day limit seems arbitrary, it is the law.

The WC 240 is just one reason that an injured employee should consult an attorney who is a workers’ compensation specialist when benefits are commenced.  There is never a charge for the consultation and the result could save months of misery. 

If you believe that you may be released back to work and are unsure if you can actually do the job, please call a worker’s compensation attorney at Kenneth R. Croy and Associates. We will be happy to review your case with you and let you know if there is any action that you need to take.