Should You Accept a Modified or Limited Duty Job Offer?

If you are a civilian worker for a federal government agency or employer, and you have suffered a workplace injury, you must submit to a medical examination when you seek benefits under FECA (the Federal Employee Compensation Act). The doctor chosen by the Department of Labor to conduct your examination may conclude that you are healthy enough to return to work, provided there are certain limitations on the tasks assigned to you. In some instances, your own physician may assert that you can go back to work with modifications or restrictions. Do you simply have to accept their conclusion? Must you return to work? This blog addresses the issues of modified or limited duty job offers for federal employees.

Your Rights

You do not have to simply accept a modified or limited duty job offer. You have the right to fully discuss the potential offer with your physician and with your lawyer, and to obtain a second opinion regarding the potential impact of returning to work on your health or healing. You can also file a claim with the OWCP alleging that you cannot perform the job, even with limited or modified duties. Your attorney will review the claim to determine whether all relevant medical information has been made available to make the appropriate determination. The claims examiner (with the OWCP) must secure a second opinion to contest a finding that you are unable to perform your job.

If a doctor sets restrictions on your ability to work, OWCP may mandate vocational rehabilitation. You then have 30 days to respond, telling OWCP why you cannot begin a rehab program. You must also provide notice within 30 days if you do not intend to participate in vocational rehab.

If OWCP finds that you can return to work, but you choose not to, you will be disqualified for any further benefits. You will receive a notice giving you 30 days to accept the job offer. If you challenge the suitability of the job offer, but OWCP rejects your argument, you then have 15 days to accept the job offer or be permanently disqualified.

Contact Uliase & Uliase

For an appointment with an experienced New Jersey federal worker injury lawyer, contact our office online or call us at (856) 310-9002. We are available to meet with you weekdays between 9 a.m. and 5 p.m. to schedule an appointment with our experienced federal employee injury lawyers. We are open weekdays between 9 a.m. and 5 p.m. We offer a free consultation for injured workers.