What Is a WC-240 Offer of Suitable Employment in Georgia?

Understanding the Light-Duty Job Offer That Arrives in Your Mailbox

Key Takeaways: A WC-240 offer of suitable employment in Georgia is the State Board of Workers’ Compensation form an employer or insurer uses to formally offer an injured worker a job within physician-set restrictions, under O.C.G.A. § 34-9-240 and Board Rule 240. A complete packet includes a WC-240a Job Analysis approved by the treating physician based on an examination within the previous 60 days, and must reach the worker and counsel at least ten days before the return-to-work date. Georgia law provides a trial period: a worker who attempts the job for at least eight cumulative hours or one scheduled workday but cannot continue beyond 15 working days may have benefits reinstated, with the burden then on the employer. Refusing outright, or attempting less than the minimum, can allow unilateral suspension of benefits and may shift the burden to the worker. Because suitability turns on medical restrictions, actual duties, and procedural compliance, careful documentation and legal review before responding are important.

A WC-240 offer of suitable employment in Georgia is the official notice an employer or insurer sends when it wants an injured worker to return to a job that fits restrictions assigned by the authorized treating physician. The form is titled “Notice to Employee of Offer of Suitable Employment,” issued by the Georgia State Board of Workers’ Compensation under O.C.G.A. § 34-9-240 and Board Rule 240.

If you have received one of these packets and are unsure whether the job matches your restrictions, The Law Offices of Darwin F. Johnson can help you evaluate it. Call 404-521-2667 or contact us now to discuss your situation before you make a decision that affects your weekly checks.

Why the WC-240 Form Exists Under Georgia Law

Georgia law provides that an injured worker who unjustifiably refuses suitable employment forfeits income benefits during the refusal. Under O.C.G.A. § 34-9-240(a), if an employee refuses employment suited to their capacity, that employee is not entitled to compensation during the continuance of the refusal unless the Board finds the refusal was justified.

The form is the employer’s procedural tool for triggering that rule. The Board requires a documented, standardized offer so the worker has notice of what is expected. You can review the current version on the Georgia State Board of Workers’ Compensation website. The current revision is dated 7/2021.

What a Complete WC-240 Packet Should Contain

A valid packet is more than a one-page letter from human resources. The WC-240 normally travels with a WC-240a Job Analysis, which is a detailed job description covering shift, hours per week, rate of pay, physical demands, and lifting or carrying weight requirements.

The treating physician must review and approve that job analysis. Board Rule 240(b)(1) permits the employer or insurer to unilaterally suspend income benefits when a worker unjustifiably refuses a physician-approved suitable job, but only when certification requirements are met, including physician approval based on an examination within the previous 60 days.

The Ten-Day Notice Requirement

Timing is a core compliance element, not a mere technicality. The completed form with all attachments must be provided to the employee and to counsel for the employee at least ten days before the expected return-to-work date. That window exists so you have time to read the job description, ask questions, and speak with your doctor or attorney.

How the Offer Connects to Your Benefits

The WC-240 packet is not filed with the Board on its own. According to the form’s instructions, it should only be filed with the Board as an attachment to a Form WC-2, which is the notice of payment or suspension of benefits.

💡 Pro Tip: Keep the envelope and note the date you actually received the packet. If the ten-day notice period was short, that date may matter later.

Your Protected Trial Period Under O.C.G.A. § 34-9-240(b)

Georgia law provides injured workers a statutory period to attempt the offered job. Under O.C.G.A. § 34-9-240(b)(1), if the employee attempts the proffered job for eight cumulative hours or one scheduled workday, whichever is greater, but is unable to continue performing the job for more than 15 working days, weekly benefits are to be reinstated immediately. The full Georgia workers’ compensation statute sets out this framework in detail.

The reverse also applies, and it can carry real consequences. Under O.C.G.A. § 34-9-240(b)(2), if the employee attempts the job for less than the required minimum time or refuses to attempt it at all, the employer may unilaterally suspend benefits by filing the appropriate form with supporting documentation. In that scenario, the worker must request a hearing and show that the refusal was justified or that entitlement to benefits continues.

Why Attempting the Job Usually Matters

In many cases, walking away without attempting the job may put a worker in a weaker procedural position. Whether a refusal was justified is fact-dependent, and the burden allocation may change based on what you did.

Things worth documenting during any trial period include:

• Specific tasks you were actually asked to perform each day

• Any duties that exceeded the restrictions listed on the job analysis

• Increases in pain or symptoms, reported promptly to your treating physician

• Names of supervisors and coworkers who observed the work

• Every day and partial day you worked, with start and stop times

💡 Pro Tip: Report worsening symptoms to your authorized treating physician during the trial period, not after it ends. Contemporaneous medical records carry more weight than later recollections.

When the Job Offered Does Not Match Reality

A frequent problem is the gap between the written job analysis and the work assigned on the floor. The description may promise seated work with a five-pound lifting limit, while the actual assignment involves standing on a warehouse dock. Verbal reassurances from a supervisor do not amend a physician-approved job analysis, and situations where an employer cannot genuinely accommodate work restrictions may raise separate questions about ongoing wage benefits.

You are not required to rely solely on the insurer’s explanation of the form. The WC-240 itself lists Board contact numbers, 404-656-3818 and 1-800-533-0682, so workers can ask questions directly. Board staff can explain procedure but cannot give legal advice. The Board’s workers’ compensation FAQs also address common return-to-work questions.

The Fraud Warning Applies to Everyone

The form carries a fraud notice for a reason. Willfully making a false or misleading statement to obtain or deny benefits may result in civil penalties under O.C.G.A. § 34-9-18 and criminal prosecution under O.C.G.A. § 34-9-19. O.C.G.A. § 34-9-18 authorizes the Board to assess civil penalties of up to $10,000 per violation, while O.C.G.A. § 34-9-19 addresses fraudulent receipt of benefits. Those provisions apply to statements made by employers and insurers as well as by injured workers.

Practical Steps After a Return to Work Offer Arrives

Start by comparing the job analysis line by line against your written restrictions. Look at lifting weights, hours per week, shift, pace, and pay rate. If the offered position pays less than your pre-injury wage, that may raise questions about reduced-benefit entitlement under O.C.G.A. § 34-9-262.

Then confirm the physician approval is current and specific. Ask whether your doctor actually saw the WC-240a, and when the last examination occurred. A skilled Atlanta workers comp attorney can review whether the packet satisfies the statutory and rule-based requirements before a suspension of benefits occurs.

Frequently Asked Questions

1. Can my benefits stop immediately if I refuse a WC-240 job offer?

Not automatically. The employer must satisfy the notice, job analysis, and physician approval requirements, and must file the appropriate documentation with the Board. If those requirements are met, benefits may be suspended without a hearing, but whether the refusal was justified remains subject to Board review.

2. How long do I have to try the light duty job offer?

Under O.C.G.A. § 34-9-240(b)(1), the minimum attempt is eight cumulative hours or one scheduled workday, whichever is greater. If you attempt the job but cannot continue past 15 working days, benefits are to be reinstated; if you work beyond 15 working days, that statutory protection ends.

3. What if the job is different from what the form described?

Document the discrepancy in writing and report it to your treating physician promptly. A material mismatch between the approved job analysis and actual duties may support an argument that the offer was not suitable.

4. Does the ten-day notice period apply if I have a lawyer?

Yes. The form and attachments must be provided both to the employee and to counsel for the employee at least ten days before the expected return-to-work date.

5. Where can I verify the WC-240 version my employer used?

The Board publishes current board forms online in fillable format at no cost. The current WC-240 revision is 7/2021.

Protecting Your Position Before You Respond

A WC-240 is a formal legal document with statutory consequences that attach to how you respond. Georgia law provides for a trial period, but also allows unilateral suspension of benefits in defined circumstances, and the burden of proof may shift depending on what the worker does. Because suitability is fact-specific and depends on medical restrictions, job duties, and procedural compliance, no article can predict how a particular case will resolve.

If a return to work offer has arrived and you are weighing your options, The Law Offices of Darwin F. Johnson is available to review the paperwork with you. Call 404-521-2667 or schedule a consultation to protect your injured worker rights in Georgia.

Disclaimer: This content is for informational purposes only and is not legal advice. Every case is unique, and results may vary. Consult an attorney about your specific circumstances.