In 2024, Ohio employers paid over $180,000,000 in lost time expenses after workplace injuries, with an average cost of $37,000 per claim in lost time expenses alone. One of the best ways to reduce lost time expenses is by offering light duty work to an injured worker after a workplace injury. Light duty work not only reduces claim expenses for the employer, but it’s also beneficial to the injured worker by keeping them engaged in the workforce during their recovery. However, if an employer wants to offer light duty work, they must do so with care to ensure compliance with the rules set forth in the Ohio Administrative Code and Ohio Revised Code.
Ohio Administrative Code 4121-3-32(A)(6) sets forth that a “job offer” means “a proposal, made in good faith, of suitable employment within a reasonable proximity of the injured worker’s residence”. OAC 4121-3-32(A)(6) further states that any written job offer shall: 1) identify the position offered, 2) include a description of the duties required of the position, and 3) clearly specify the physical demands of the job.
Seems easy enough, right? Unfortunately, poorly drafted light duty job offer letters are far too common, and when a light duty job offer fails to meet the requirements of the OAC, an injured worker can reject the offer outright. In fact, an oral job offer, or a poorly written light duty job offer both have the same effect as no offer at all – accrual of lost time costs.
First and foremost, all light duty job offers should be made in writing, and the employer should ensure that the injured worker receives the correspondence. The light duty job offer letter should clearly apprise the injured worker of what is expected, and it should list the start date, hours, rate of pay, and the location of the work. The position offered should ideally be during the same shift and at the same location as the original position, or it should be within reasonable proximity to the injured workers’ home. If an employer offers work on a different shift or at a different location, the injured worker may have grounds to reject the light duty offer.
The biggest mistake that employers make when offering light duty work is failing to be descriptive enough in the light duty job offer letter. The letter should include a description of the duties required in the position and should target 4-6 specific job duties that the injured worker will be expected to complete during the light duty job assignment. Employers should always avoid generalities and generic language such as “sit down work” or “we can accommodate any restriction”. Instead, the employer should give specific examples of the nature of the task to be completed, and the job offer should specifically reference the job restrictions provided by the injured worker’s physician.
Light duty job offers are meant to be temporary, and oftentimes they need to be updated as the injured worker progresses through treatment and recovery. Each time the injured worker sees his or her doctor, and new or updated restrictions are given, the employer will need to re-issue a light duty job offer letter with work within the updated restrictions. If the restrictions change, or if the employer can no longer accommodate work restrictions onsite, employers are encouraged to consider using Modified Duty Off Site “MDOS” programs, which can provide temporary light duty work at a different location, often with a non-profit organization, to complete the light duty work.
Finally, if an employer presents a valid light duty job offer to an injured worker that meets the requirements of the Ohio Administrative Code, the Ohio workers’ compensation system expects the injured worker to accept the light duty job. Unfortunately, sometimes injured workers reject valid light duty job offers for a multitude of different reasons. If an injured worker rejects a valid light duty job offer that meets the requirements of the Ohio Administrative Code, the injured worker will likely not be entitled to payment of Temporary Total Disability compensation benefits. In this situation, the employer would file the light duty job offer letter with the Industrial Commission of Ohio to serve as a defense to payment of compensation.
Ohio employers with questions about light duty programs or Modified Duty Off Site (MDOS) programs are encouraged to reach out to Bricker Graydon’s Labor and Employment Group for assistance with all of their workers’ compensation needs.
