Question: We had to terminate an employee who was working in a light duty position following his on-the-job injury. The Washington Department of Labor and Industries (L&I) awarded him time loss benefits, but we don’t understand why. Since he was working a light duty position when his job ended, shouldn’t that stop time loss exposure?
Answer: Not necessarily. To stop time loss exposure in Washington, you must return an injured worker to a valid transitional job (also known as “light duty”). An injured worker who returns to an invalid light duty job remains entitled to time loss, so it’s important to know how to make a valid offer. The first step is sending the light duty job description to the injured worker’s attending provider and asking for approval (be sure to send a copy to the injured worker at the same time). After the attending provider approves the job description, you must send an offer letter to the injured worker. For the light duty job offer to be considered valid, the offer must:
- Be in writing;
- Include the job description that was approved by the attending provider;
- Offer a job within a reasonable commuting distance;
- Specify a reasonable start date, the work shift/schedule, the wage rate, the location of the work site, and who the worker will report to; and
- Not violate the worker’s collective bargaining agreement, including the assignment of work and payment of benefits.
Missing even one of these elements can invalidate a light duty job offer. If that happens, an injured worker could miss work or be terminated, and still be entitled to time loss from L&I. On the other hand, once there is a valid light duty job offer in place, time loss exposure ends, even if the worker ultimately declines the offer or you later terminate the worker for cause. For members that participate in Vigilant’s Washington Retro or Claims Management Services, your assigned claims manager will help ensure your light duty job offers are valid. Vigilant has forms you can use, but given the importance of offering valid light duty job offers, you should connect with your claims manager before sending an offer to either the attending provider or the injured worker. You should also consult with your claims manager and Vigilant Law Group employment attorney before terminating an injured worker, to make sure you understand both the potential workers’ comp impact and legal risks.
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