Ensuring That Light Duty Job Offers Are Valid
Under RCW 51.32.090(4)(b), an employer may offer an injured worker light duty work while treatment is ongoing and the attending physician has released the worker to modified duty with restrictions. If a valid light duty offer is made, the worker’s time loss benefits are terminated whether the worker accepts the light duty offer or not.
There are, however, rules that employers have to follow to make valid light duty job offers. It’s important that injured workers understand these rules and the potential remedies if the employer does not follow the rules.
First, under RCW 51.32.090(4)(b), the employer must provide a written description of the job to the worker’s attending physician. The description must outline the physical requirements of the job. The attending physician must release the worker to the job before the employer can offer it to the worker.
The employer must provide a copy of the written description to the injured worker and must give the worker a reasonable period of time to accept or decline the job offer. Once work starts, the employer cannot make an injured worker perform work other than that described in the written job description. The employer is also required to provide a “meaningful and respectful work environment.”
If the injured worker is a union member, the offer cannot violate a collective bargaining agreement. The job being offered also must be within a reasonable commuting distance.
The wage for the light duty work must be at least minimum wage, and health insurance benefits must be paid if they were paid for at the time of injury. If the wage is less than the worker was receiving at the time of injury, the worker may be entitled to loss of earning power benefits (partial time loss).
If you are offered a light duty job that you do not believe meets these requirements, it is important to dispute the job offer right away. The good news is that, thanks to recent legislation, there is now a “Light Duty Job Offer Complaint Resolution Office” at the Department. If you dispute the validity of a light duty offer, you should start by contacting your claims manager and explaining why the offer is not valid. The claims manager is supposed to submit your dispute to the complaint resolution office. However, if you are unable to reach the claims manager or if they do not submit your complaint, you can do so yourself. To submit a dispute or complaint about a light duty job offer, the Department would like people to send a fax to 360-704-1982. Of course, most people don’t have a fax machine. You can also call the complaint resolution office at 360-902-3515.
If you are having difficulties due to a light duty job offer, you should also consider discussing your case with an attorney. If you would like to discuss your case, feel free to call us at 253-472-2400.
