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Getting Back to Work

Rejecting a job offer can have serious consequences for your work comp benefits

By December 2, 2008February 4th, 2022No Comments

When an injured worker has been off of work due to a compensable work injury and receiving temporary total disability benefits, an employer may choose to offer work to the employee.  In many cases, the work offered may not be the most acceptable position to the injured worker.  Incidentally, in some cases, if the injured worker refuses to accept the position there could be significant ramifications.

Under Minn. Stat. 176.101, temporary total disability compensation shall cease if the employee:

  1. Refuses an offer of work that is consistent with the rehabilitation plan; or
  2. If no plan has been filed, the employee refuses an offer of gainful employment that the employee can do in the employee’s physical condition.

The key is that once temporary total disability compensation has ceased, it may not be recommenced.  Clearly, refusing a job offer can be potentially devastating on your benefits.

It is important in cases where the employer is offering employment to you that if you, your doctor or your QRC believes it is not suitable, that you consider all your options before turning it down.  Retaining an attorney in this situation may be helpful in determining whether the job should be accepted or rejected.

(photo: Sox First)

Jerry Sisk

Jerry is a Minnesota workers' compensation attorney and work injury lawyer. He a member of the Minnesota State Bar Association, Minnesota Association of Justice, and Anoka County Bar Association. He has 10/10 on Avvo, 5 Stars on Google, AV Rated through Martindale-Hubbell and National Trial Lawyers Top 100. Currently, he is Co-Chair of the Work Comp Section of the Minnesota Association of Justice.

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