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Outline

The WC-240 form is an essential document in the realm of workers' compensation in Georgia, specifically designed to inform employees about job offers that align with their medical capabilities following an injury. This form is mandated by state law and must be utilized by employers to ensure compliance with O.C.G.A. 34-9-240 and Board Rule 240. It serves a dual purpose: it not only notifies the employee of suitable employment opportunities but also protects the employer's rights regarding income benefits. The form requires detailed information, including the employee's name, date of injury, and specifics about the job being offered, such as title, essential duties, and pay rate. Employers must provide this notification to the employee and their counsel at least ten days before the expected return to work date. Additionally, the form must be accompanied by the report from the authorized treating physician, confirming that the job is suitable for the employee's condition. Failure to accept a suitable job offer without justification can lead to the suspension of income benefits, underscoring the importance of understanding this document. It is crucial for both employees and employers to familiarize themselves with the WC-240 form, as it plays a vital role in the workers' compensation process in Georgia.

Sample - Wc 240 Georgia Form

WC-240 NOTICE TO EMPLOYEE OF OFFER OF SUITABLE EMPLOYMENT

GEORGIA STATE BOARD OF WORKERS' COMPENSATION

NOTICE TO EMPLOYEE OF OFFER OF SUITABLE EMPLOYMENT

Instructions: The employer shall use this form to notify an employee of an offer of employment which is suitable to his/her impaired condition, as required by O.C.G.A. 34-9-240 and Board Rule 240. This form, with all attachments, must be provided to the employee and counsel for the employee at least ten days prior to the date the employee is expected to return to work. This form, along with attachments, should only be filed with the Board as an attachment to a Form WC-2.

Board Claim No.

Employee Last Name

Employee First Name

M.I.

SSN or Board Tracking #

Date of Injury

A. IDENTIFYING INFORMATION

 

County of Injury

Address

 

 

EMPLOYEE

 

 

 

 

 

 

 

 

 

Employee E-mail

City

State

Zip Code

 

 

 

 

 

 

Name

Address

 

 

EMPLOYER

 

 

 

 

 

 

 

 

 

Employer E-mail

City

State

Zip Code

 

 

 

 

 

 

 

 

 

 

1.

B. NOTICE TO EMPLOYEE

This is to inform you that the following job is being made available to you pursuant to the requirements of O.C.G.A. 34-9-240 and Board Rule

240 (b):

Title

Essential Duties (Attach Additional Pages as needed)

Rate of Pay

Location of Job

 

 

Hours / Days to be Worked

Date / Time to Report for Work

 

 

2.A copy of the report(s) of your authorized treating physician(s), approving the job as suitable to your condition, is / are attached.

If you unjustifiably refuse to attempt to performs the job offered after receiving this notification, the employer / insurer shall be authorized to suspend payment of income benefits to you effective the date you are scheduled to report to work. Should you attempt but fail to continue

3.working for fifteen (15) scheduled work days, your income benefits shall immediately be reinstated.

4.

If you have any questions about the job being offered to you, you may contact the employer at:

 

.

C. CERTIFICATION

I hereby certify that the above-named job is available to this employee as outlined above, that the job duties have been approved by the authorized treating physician(s) who has examined the employee within 60 days of the attached approval, and that this offer is being made in good faith no later than ten days prior to the date the employee is expected to report for work. I further certify that I have this day sent a copy of this form to the employee and counsel for employer (if represented.)

Print Name / Title Here

E-mail

Address

Signature

Date

City

State

Zip Code

IF YOU HAVE QUESTIONS PLEASE CONTACT THE STATE BOARD OF WORKERS’ COMPENSATION AT 404-656-3818 OR 1-800-533-0682 OR VISIT http://www.sbwc.georgia.gov

WILLFULLY MAKING A FALSE STATEMENT FOR THE PURPOSE OF OBTAINING OR DENYING BENEFITS IS A CRIME SUBJECT TO PENALTIES OF UP TO $10,000.00 PER VIOLATION (O.C.G.A. 34-9-18 AND 34-9-19).

WC-240

REVISION . 07/2011

240

NOTICE TO EMPLOYEE OF

OFFER OF SUITABLE EMPLOYMENT

Form Information

Fact Name Description
Purpose of the Form The WC-240 form is used by employers to notify employees of an offer of suitable employment that aligns with their impaired condition.
Governing Laws This form is governed by O.C.G.A. 34-9-240 and Board Rule 240, which outline the requirements for notifying employees about suitable job offers.
Notification Timeline Employers must provide the WC-240 form to the employee and their counsel at least ten days before the employee is expected to return to work.
Consequences of Refusal If an employee unjustifiably refuses the job offer, the employer or insurer may suspend income benefits effective the date the employee is scheduled to report to work.

Detailed Guide for Filling Out Wc 240 Georgia

Filling out the WC-240 form is a straightforward process. This form is essential for notifying an employee about a suitable job offer related to their condition. It is crucial to complete it accurately to comply with legal requirements and ensure that all parties are informed properly.

  1. Obtain the Form: Download the WC-240 form from the Georgia State Board of Workers' Compensation website or acquire a physical copy.
  2. Fill in Identifying Information: Enter the Board Claim Number, Employee's Last Name, First Name, Middle Initial, and Social Security Number or Board Tracking Number. Include the Date of Injury.
  3. Provide Employee's Details: Fill out the County of Injury, Employee's Address, Email, City, State, and Zip Code.
  4. Provide Employer's Details: Enter the Employer's Name, Address, Email, City, State, and Zip Code.
  5. Job Offer Details: Describe the job title, essential duties, rate of pay, location of the job, hours/days to be worked, and the date/time the employee should report for work.
  6. Attach Physician's Report: Include a copy of the report(s) from the authorized treating physician(s) that confirms the job is suitable for the employee's condition.
  7. Certification: Sign and date the certification section. Include your printed name, title, email address, city, and zip code.
  8. Distribute Copies: Send a copy of the completed form to the employee and their counsel, if represented.
  9. File with the Board: Attach this form to a Form WC-2 and file it with the Georgia State Board of Workers' Compensation.

Obtain Answers on Wc 240 Georgia

  1. What is the WC-240 form?

    The WC-240 form is a notification used by employers in Georgia to inform employees about a job offer that is suitable for their impaired condition. This is in accordance with Georgia law, specifically O.C.G.A. 34-9-240 and Board Rule 240.

  2. Who needs to receive the WC-240 form?

    Both the employee and their legal counsel must receive a copy of the WC-240 form. This ensures that all parties are aware of the job offer and the conditions surrounding it.

  3. When should the WC-240 form be provided to the employee?

    The form must be provided at least ten days before the employee is expected to return to work. This allows the employee sufficient time to review the job offer and consult with their counsel if needed.

  4. What happens if an employee refuses the job offer?

    If an employee unjustifiably refuses to attempt the job offered after receiving the WC-240 notification, the employer or insurer may suspend the payment of income benefits. This suspension takes effect on the date the employee is scheduled to report for work.

  5. What if the employee attempts the job but cannot continue?

    If the employee attempts the job but fails to continue working for fifteen scheduled workdays, their income benefits will be reinstated immediately. This provision aims to protect employees who genuinely try to return to work but face challenges.

  6. What information is included in the WC-240 form?

    The form includes essential details such as the job title, essential duties, rate of pay, location, and hours/days to be worked. Additionally, it contains a section for the employer to certify that the job is suitable and approved by the employee's treating physician.

  7. What should an employee do if they have questions about the job offer?

    If an employee has any questions regarding the job being offered, they should contact their employer directly. The employer is required to provide contact information on the form for this purpose.

  8. What are the penalties for making false statements on the WC-240 form?

    Willfully making a false statement to obtain or deny benefits is a serious offense. Penalties can reach up to $10,000 per violation, as outlined in O.C.G.A. 34-9-18 and 34-9-19. It is crucial to provide accurate information on the form.

  9. Where can I find more information about the WC-240 form?

    For additional questions or information, individuals can contact the State Board of Workers’ Compensation at 404-656-3818 or 1-800-533-0682. More resources are also available on their website at http://www.sbwc.georgia.gov.

Common mistakes

Completing the WC-240 form accurately is essential for both employees and employers. However, several common mistakes can lead to complications. Understanding these errors can help ensure a smoother process.

One frequent mistake is failing to provide complete identifying information. The form requires the employee's last name, first name, middle initial, and Social Security Number or Board Tracking Number. Omitting any of this information can delay the processing of the claim.

Another common error is neglecting to attach the necessary documentation from authorized treating physicians. This documentation is crucial as it verifies that the job offered is suitable for the employee's condition. Without these attachments, the employer may face challenges in justifying the job offer.

Many individuals also overlook the requirement to send the form to both the employee and their counsel. Sending it only to one party can lead to misunderstandings and disputes regarding the job offer.

Inaccurate job details, such as the title, essential duties, or rate of pay, can create confusion. Each section must be filled out correctly to ensure that the employee understands what is being offered. Misrepresentations may lead to disputes or claims of bad faith.

Another mistake is not adhering to the timeline outlined in the instructions. The form must be provided at least ten days before the employee is expected to return to work. Failing to meet this deadline can invalidate the offer.

Some people mistakenly believe that the certification section is optional. It is not. The person completing the form must certify that the job is available and that it has been approved by the treating physician. This certification is a legal requirement and should be treated with utmost seriousness.

Additionally, individuals may forget to include their contact information. Providing a phone number or email address allows the employee to ask questions or seek clarification about the job offer, fostering better communication.

It is also important to ensure that all signatures are included. A missing signature can render the form incomplete, leading to unnecessary delays in processing the claim.

Finally, some individuals may not fully understand the implications of refusing the job offer. The form clearly states that unjustified refusal can lead to suspension of income benefits. It is crucial for employees to understand their rights and responsibilities regarding the job offer.

By avoiding these common mistakes, both employees and employers can facilitate a more efficient and effective workers' compensation process.

Documents used along the form

The WC-240 form serves as a crucial document in the workers' compensation process in Georgia. When utilizing this form, several other documents may also be necessary to ensure compliance with state regulations and to provide a comprehensive understanding of the employee's situation. Below is a list of additional forms and documents commonly used in conjunction with the WC-240.

  • Form WC-2: This is the Employer's First Report of Injury. It must be filed with the Georgia State Board of Workers' Compensation within 21 days of the injury. The form provides essential details about the incident, including the nature of the injury and the circumstances surrounding it.
  • Form WC-104: This form is used for the Employee's Claim for Benefits. It initiates the claim process for workers' compensation benefits and must be filed by the employee to formally request compensation for lost wages and medical expenses related to the injury.
  • Form WC-3: Known as the Employer's Notice of Claim, this document is submitted to notify the Board that the employer is aware of the employee's claim for benefits. It includes information about the claim's status and any payments made to the employee.
  • Medical Reports: Reports from authorized treating physicians are critical. They provide evidence regarding the employee's medical condition and the suitability of the offered job. These reports should accompany the WC-240 form when submitted.
  • Return to Work Agreement: This document outlines the terms under which the employee will return to work. It includes details about the job duties, hours, and any accommodations made for the employee's condition.
  • Form WC-6: This is the Employee's Wage Statement. It provides the Board with information about the employee's earnings prior to the injury, which is necessary for calculating wage loss benefits.

Understanding these additional forms and documents is essential for both employers and employees involved in the workers' compensation process. Proper completion and timely submission of these documents can significantly impact the outcome of a claim.

Similar forms

The WC-240 form in Georgia serves as a formal notification to employees regarding suitable employment opportunities after an injury. Several other documents share similarities with the WC-240 in terms of purpose and function. Here are seven such documents:

  • WC-2: Employer's Report of Injury - This form is used by employers to report workplace injuries. Like the WC-240, it communicates essential information about the employee's condition and the employer's obligations.
  • WC-3: Notice of Claim - This document informs the employer about the employee's claim for workers' compensation. It parallels the WC-240 by ensuring that all parties are aware of the employee's situation and the next steps required.
  • WC-4: Employee's Claim for Benefits - This form allows employees to formally claim benefits after an injury. Similar to the WC-240, it emphasizes the communication of rights and responsibilities between the employee and employer.
  • WC-5: Notice of Payment of Benefits - This document notifies employees about the benefits they are receiving. It shares the WC-240's focus on clear communication regarding the employee's compensation status.
  • WC-6: Request for Hearing - When disputes arise, this form is used to request a hearing regarding workers' compensation claims. Like the WC-240, it facilitates dialogue between involved parties about employment and benefits.
  • WC-7: Notice of Suspension of Benefits - This form informs employees when their benefits are suspended. It is similar to the WC-240 in that it addresses changes in the employee's compensation status due to employment offers.
  • WC-8: Final Report of Injury - This document serves as a final report regarding an employee's injury and benefits. It parallels the WC-240 by summarizing the employee's case and ensuring all parties are informed of the outcome.

Dos and Don'ts

When filling out the WC-240 form in Georgia, it's essential to follow specific guidelines to ensure accuracy and compliance. Here are four things you should and shouldn't do:

  • Do provide accurate identifying information for both the employee and employer. This includes names, addresses, and contact details.
  • Don't forget to attach the report(s) from the authorized treating physician that confirm the job is suitable for the employee's condition.
  • Do ensure that the notification is sent at least ten days before the employee is expected to return to work.
  • Don't make any false statements regarding the job offer or the employee's ability to perform the duties, as this can lead to severe penalties.

Misconceptions

Misconceptions about the WC-240 form can lead to confusion for both employees and employers. Here are ten common misunderstandings:

  1. The WC-240 form is optional. Many believe that using the WC-240 is not necessary. In reality, it is a required notification to inform employees of suitable employment offers under Georgia law.
  2. Employers can send the form anytime. Some think that employers can submit the form whenever they choose. However, it must be provided at least ten days before the employee is expected to return to work.
  3. The form guarantees job security. Employees may assume that receiving the form ensures their job. It merely offers suitable employment; acceptance is necessary to maintain benefits.
  4. All job offers are considered suitable. Not all positions offered are automatically deemed suitable. The job must align with the employee's medical condition as verified by their treating physician.
  5. Refusing the job offer has no consequences. Some employees think they can refuse the job without repercussions. If they unjustifiably refuse, the employer can suspend income benefits.
  6. The employer does not need to provide medical documentation. A common misconception is that the employer can offer a job without medical approval. The WC-240 requires that the job duties be approved by the employee's authorized treating physician.
  7. Employees do not need to communicate with their employer. Many believe they can ignore the employer after receiving the form. In fact, employees should reach out if they have questions regarding the job offer.
  8. The form is only for full-time positions. Some think the WC-240 applies only to full-time jobs. It can also include part-time work, as long as it is suitable for the employee’s condition.
  9. Once the form is submitted, the employer cannot change the job offer. Employees may think that the job offer is final. Employers can modify the offer if circumstances change, but they must notify the employee accordingly.
  10. Legal representation is unnecessary. Some employees believe they can navigate the process alone. While it is possible, having legal counsel can help clarify rights and responsibilities regarding the WC-240.

Understanding these misconceptions can help both employees and employers navigate the workers' compensation process more effectively.

Key takeaways

Filling out and using the WC-240 form in Georgia is a critical step for employers when offering suitable employment to employees who have sustained injuries. Here are some key takeaways to consider:

  • Timeliness is Essential: Employers must provide the WC-240 form to the employee and their counsel at least ten days before the employee is expected to return to work. This ensures that the employee has adequate time to consider the job offer.
  • Attach Necessary Documentation: A copy of the report from the authorized treating physician must accompany the form. This report should confirm that the job is suitable for the employee’s condition, supporting the legitimacy of the job offer.
  • Consequences of Refusal: If the employee unjustifiably refuses the job offer after receiving the notification, the employer may suspend income benefits. It's important for employees to understand that they could lose benefits if they do not attempt the offered job.
  • Certification Requirement: The form must be certified by the employer, affirming that the job is available and that it has been approved by a physician. This certification is a legal requirement that protects both the employer and the employee.

Understanding these key points can help ensure that the process is handled correctly and that both parties are aware of their rights and responsibilities.