Return to the Work Related Issues
So, the offer of alternate/modified work comes in. What does it mean?
Alternative or modified work is offered when the injured employee is determined to be permanent and stationary with work restrictions and looking to be accommodated by the employer. There is a proscribed form for the employer to use in offering alt/mod work; however, it can be done via general letter as well.
At some point, the injured worker’s doctor will likely return the applicant to work, often with work restrictions, i.e. no prolonged standing or no lifting more than 20 pounds.
Once the injured worker is given work restrictions, those should be provided to the employer so that any possible accommodation may be determined.
The one important thing to keep in mind is that any offer of alt/mod work, the injured worker should take into account any of the applicant’s restrictions. Now many of the alt/mod offers have a time frame within which to respond. This needs to be observed if the injured worker intends to accept the offer.
If you have received an offer of alt/mod work and have questions about accommodation and how it affects your Personal Injury case, don’t hesitate to contact RP Law Group at 951-394-3640.
No, the employer does not have to create a position, but if there is an open job within the applicant’s work restrictions, the application should be offered. The employer is required to make a good faith effort to see if a position could be modified/accommodated.
If an offer of alt/mod work is properly made, it will cut the liability for a Supplemental Job Displacement Voucher.
Anyone wishing further information may check out the following Department of Industrial Relations’ guide:
Dir.ca.gov/chswc/Reports/2010/HandbookRTW_2010.pdf
- This is intended for informational purposes only and should not be construed as legal advice, as each case is different. Contact RP Law Group at (951) 394-3640 for a free consultation.