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Offer of Suitable Employment

In some Workers’ Compensation claims in Georgia, there may come a time when the Authorized Treating Physician approves a job that he or she believes that the worker can perform. Typically, the doctor will be given a job description by the insurance adjuster that will include the physical requirements that are necessary for the new job. When this happens, the Employer/Insurer will make what is known as an offer of suitable employment to the employee.

suitable-employment.jpgThis offer must be made in writing to the employee with a description of the job to be performed, the hours to be worked, and the rate of payment. The notice must also include the location of the job, with the date and time that the employee is to report for work. The authorized treating physician must have evaluated the employee within sixty days prior to the offer of employment. The Employer/Insurer must also file forms with the State Board that the employee was notified at least ten days before the date the employee was required to report for work.

Failing to report to work will most likely result in the suspension of the employee’s income benefits. But, what happens when the employee shows up for work? The employee must attempt to perform the job duties for eight cumulative hours or one scheduled work day, whichever is longer. If the employee does not stay on the job for that period of time, the employee’s payment of income benefits may be suspended.

If the employee attempts to do the job offered, but cannot continue for more than fifteen scheduled work days, the employer/insurer must reinstate their income benefits. If the Employer/Insurer fails to reinstate the income benefits, they give up their defense that the job offered was suitable employment for the period of time the Employer/Insurer did not pay the weekly income benefits.

If you have been offered suitable employment or have concerns regarding this issue, please contact us. We are here to help. J. Franklin Burns, P.C., at 1-404-303-7770.