What Is Alternative Work in a Workers’ Compensation Case?
After a work-related injury, an employee may not be able to return to their original job. In California, employers may offer alternative work as a way to keep the injured worker employed while accommodating their medical restrictions. This can affect the worker’s eligibility for benefits, including supplemental job displacement benefits (SJDB).
When Is Alternative Work Offered?
An employer may offer alternative work if a doctor determines that the injured worker:
- Cannot return to their previous job due to medical restrictions
- Is still able to work in a different capacity that fits within those restrictions
The new position must meet specific legal requirements to be considered valid alternative work.
What Are the Requirements for Alternative Work?
For an alternative job offer to be considered valid under California workers’ compensation law, it must:
- Pay at least 85% of the worker’s previous wages and benefits
- Be within a reasonable commuting distance from the worker’s home
- Accommodate permanent work restrictions set by the treating physician
- Be expected to last at least 12 months
If the job offer does not meet these requirements, the worker may still be eligible for supplemental job displacement benefits (SJDB), which provide a voucher for retraining.
What Happens If Alternative Work Is Rejected?
If an injured worker refuses a valid offer of alternative work, they may lose their right to SJDB benefits. However, if the job does not meet legal requirements or the employer fails to accommodate medical restrictions, the worker may still qualify for retraining benefits.
How Can an Attorney Help?
Disputes can arise if an employer offers a position that does not fully accommodate an injury or if benefits are unfairly denied. A workers’ compensation attorney can help ensure that an alternative work offer is fair and that the worker’s rights are protected.
If you have questions about alternative work or your workers’ compensation claim, the Law Offices of Norman J. Homen can help. Contact us today for a free consultation.
