If you are not working because of restrictions resulting from a work-related injury, you are entitled to temporary disability benefits. Temporary disability benefits are payable until various things happen, at which point they will cease. One of those things is an offer of modified employment by your employer. Refusal of the offer, or failure to show up for modified duty, gives the insurer/employer a basis to stop paying benefits. Some employers prefer to offer modified duty to keep the cost of their claim down, thereby reducing the effect on their insurance premiums.
An offer of modified duty is only valid if your WC doctor gives the employee a written release to modified duty and the offer is made to the employee in writing. The written offer must set forth the applicable duties, wages, and hours. Again, the doctor must sign off on this. The employee must be given 3 business days from receipt of the offer to return to work.
Some employers bring the injured worker back to work in a modified capacity, others will pay the injured worker to work for a charitable organization. This is common in jobs that cannot accommodate restrictions. Take these offers seriously so benefits/income is not terminated. If all the factors mentioned above are present, you must show up.
Have Questions About Modified Employment?
Navigating modified duty offers can be challenging. If you’re unsure about your rights or obligations, we’re here to help. Contact our office today for guidance and a free consultation. Call 970-506-3892 or email us to get started. Let us assist you in protecting your benefits and securing your financial stability.