Washington State Workers' Compensation Valid Light Duty Job Offers

When a worker has been injured and is unable to perform his/her regular job duties, an employer may decide to put the injured worker back to work performing light duty instead of paying time loss compensation benefits. If the employer extends a valid light duty job offer and the injured worker refuses that offer, there may be negative consequences for the injured worker's claim. However, there are certain requirements the employer must satisfy before a light duty offer may be considered “valid”.

What Constitutes a Valid Job Offer

RCW 51.32.090 and Department Policy 5.15 outline what is required for a job offer to be valid.

The job must be with the employer of injury.

The job description/analysis/offer must be sent to the injured worker’s medical provider, with a copy to the worker/ legal representative.

The job description/analysis/offer must describe the work available in terms that will enable the medical provider to determine if the job duties are within the worker’s injury related restrictions.

The job must be approved by the medical provider, and the injured worker should not be assigned to any other job duties unless within his/her injury related restrictions and approved by the worker’s attending provider.

The job offer must be in writing, and the start date must be reasonable so that the worker has sufficient time to receive the offer, review it, and plan to return to work. “Reasonable” is often two weeks.

Health care benefits must be reinstated to the level at the time of injury, unless to do so would be against the collective bargaining agreement or the terms of the benefit program.

Refusal of Light Duty Work

The employer may offer a light duty job that does not meet the criteria, but the worker is not required to accept the job. If the worker declines an invalid light duty job, time-loss compensation benefits should continue to be paid.

If the injured worker’s medical provider does not approve the light duty job offer, the injured worker is not required to accept and time loss compensation must continue.

If the injured worker’s medical provider approves a written light duty job description and he/she chooses not to accept the light duty job offered, the injured worker is not entitled to loss of earning power (LEP) or time-loss compensation. There are, however, a few exceptions.

Exceptions

If the employer does not reinstate all health and welfare benefits (unless to do so would be against the collective bargaining agreement) and the worker refuses the job, the worker is entitled to time-loss compensation.

For injuries or occupational diseases prior to May 7, 1993, if the worker chooses not to accept a valid light duty job offer, the worker is entitled to LEP based on the wage they would have earned at the light duty job.

Light Duty Job Offers Best practices

o Do not accept any light duty job offer that is not in writing

o Do not accept any light duty job offer that your attending provider has not reviewed and agreed to

o If you accept the light duty job offer and your condition worsens, see your medical provider as soon as possible

o Contact us here at Atlas Law if you are unsure whether a light duty job offer is valid or if you are experiencing difficulties performing your light duty job.