The written offer must clearly state the following (even if it is the same):
- The position offered and the expected duration of the offered position;
- The duties of the position;
- That the employer is aware of and will abide by the physical limitations under which the employee or his treating physician have authorized the employee to return to work;
- The maximum physical requirements of the job;
- The wage;
- The location of employment; and
- The training that will be provided, if necessary for the position being offered.
DWC considers the following items when determining whether
an offer of employment is bona fide:
- The manner in which the offer was communicated to the
- The physical requirements and accommodations of the position
compared to the employee’s physical capabilities; and
- The distance of the position from the employee’s residence.
Employment is “geographically accessible” to the injured employee if it is within a reasonable distance from the employee residence unless the employee proves with medical evidence that their physical condition precludes traveling that distance.
If the employee returns to work or is cleared for the work by their physician but refuses to accept the work, income benefits may be suspended.
It also is important the SORM receive copies of all correspondence dealing with a bona fide offer of employment. Therefore, always send the adjuster a copy of the letter when the letter is mailed and when an employee’s response is received.
The following two pages contain a sample letter for a Bona Fide Offer of Employment and the sample instructions that should be sent along with the letter.
Bona Fide Offer of Employment Sample Instructions
PLEASE FOLLOW THE INSTRUCTIONS BELOW:
- Read carefully the attached letter. If this letter is not
clear, please contact our office immediately for clarification.
- Please check the appropriate space below indicating acceptance
or denial of the offer of employment.
- Sign and date the form.
- Return the letter immediately. A phone call may be made
to accept or not accept the position. Refusal to accept the
bona fide job offer could result in the termination of your
- Attach a copy of the doctor’s restrictions.