
A:
If the claims administrator letter says that they are offering you work, the job must meet the work restrictions in the doctor’s report. This offer could involve:
-Regular work: your old job, paying the same wages and benefits as paid at the time of the injury and located within a reasonable commuting distance of where you lived at the time of your injury.
-Modified work: Your old job, with some accommodations. If your doctor says that you will not be able to return to the job you had at the time of the injury, your employer is encouraged to offer you modified work instead of supplemental job displacement benefits or vocational rehabilitation benefits.
-Alternate work: A new job with your former employer. If your doctor says you will not be able to return to the job you had at the time of the injury, your employer is encouraged to offer you alternative work instead of supplemental job displacement benefits or vocational rehabilitation benefits. The alternative work must meet your work restrictions, last at least 12 months, pay at least 85 percent of the wages and benefits you were paid at the time of the injury, and be within a reasonable commuting distance of where you lived at the time of the injury.
If your employer offers you modified or alternative work:
-You may have only 30 days to accept the offer. If you don’t respond within 30 days, your employer could withdraw the offer.
-The claims administrator probably won’t be required to give you a vocational rehabilitation benefits. This is true whether or not you accept the offer.
--If you were injured on or after January 1, 2004 and your employer has 50 or more workers, and you are offered regular, modified or alternative work , your weekly permanent disability benefits will be reduced by 15 percent once that offer is made.
--If you were injured on or after January 1, 2004 and your employer has less than 50 workers, and you are not offered regular, modified, or alternative work, your permanent disability benefits will not change.
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The Turley Law Firm, APLC
625 Broadway, Suite 625
San Diego, CA 92101
Phone: 619-234-2833
Fax: 619-234-4048
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