What if my employee refuses a modified job offer?

It is unfortunate when an employee will not cooperate with your best intentions for job accommodation.  An employee cannot be forced to accept your modified work offer, but if they refuse, they will not be paid Temporary Disability.

• Send the offer of modified work in writing via certified mail and email if you have that (the DWC-1, Employee Claim Form, now has a place for the employee to list their email, so you might check there.) SAMPLE offer letter below.
• Begin your cover letter to your employee in a friendly and cordial manner.  Reassure the employee that the modified or alternative work is temporary while he/she is recovering.
• Send a copy of your work offer to the claims adjuster handling this claim.

If you offer work that is within the doctor’s work restrictions, then no Temporary Disability is due from the carrier. Be sure to confirm that TD is not being paid, or the date it will end based on the copy of your good faith offer of work. 

If you can only offer part time modified duty, let the adjuster know and “wage loss” payments will be due.

• Ask your claims adjuster for the current medical status. What is the target date for full duty release? Has there been a referral to a medical specialist or QME? Ask for the name of the doctor, the specialty, and the date of the next medical exam.  Then follow up for the results.

Continue to stay actively involved with the claim through the claims adjuster, if the employee is not responding to you directly. You may have to change your offer if the work restrictions change.