Guide to the WC-240 Process in Georgia Workers’ Compensation

What is WC-240?

WC-240 refers to a specific form and procedure in the Georgia workers’ compensation system for offering injured workers a light-duty or suitable job while they are recovering. In Georgia, if your employer believes you can return to work in some capacity, they can use the WC-240 process (named after the form number) to formally offer you a job that fits your medical restrictions​

The form is officially called the “Notice to Employee of Offer of Suitable Employment.” It contains details about the job being offered (title, duties, schedule, pay, etc.) and is used to notify you that the job is within your restrictions as determined by your doctor​. For more information on returning to work after injury, see our comprehensive guide. Essentially, WC-240 is the legal mechanism that lets your employer/insurer say: “We have a light-duty job for you that you should be able to do.”

The purpose of WC-240 is to safely transition you back to work without jeopardizing your rights. Georgia law (O.C.G.A. §34-9-240) states that if an injured employee is offered a suitable job and unjustifiably refuses to try it, the employer can suspend the worker’s benefits​. Understanding the employer’s duty to accommodate your medical restrictions is also important in this process.

However, the WC-240 process also protects the employee by ensuring the job is appropriate for their medical condition and by providing a trial period. The job must be approved by the treating physician and offered in writing with proper notice. If you attempt the job and truly cannot do it, the WC-240 rules allow your benefits to be reinstated (this is explained more later). In short, WC-240 is there to encourage return to work when possible, but with safeguards so you’re not forced into a job that aggravates your injury​.

Steps in the WC-240 Process

For a WC-240 return-to-work offer to be valid in Georgia, the employer and insurer must follow several key steps. Here’s a step-by-step breakdown of how the process typically works:

• Identify a Suitable Light-Duty Job: Your employer (or their insurance adjuster) first looks for a job within the company that matches your medical restrictions. This is often a lighter-duty role or modified version of your original job. The idea is to find tasks you can do safely given your injury. For example, if you can’t lift over 20 pounds, the job should not require lifting above that limit​. The employer should have an actual position available that provides meaningful work within your capabilities.

• Prepare a Job Description for Doctor’s Approval: Next, the employer or insurer must write up a detailed job description of the light-duty position​. This description (often done on a form called WC-240a or as a letter) will list the essential duties of the job, the physical requirements (like lifting limits, standing/sitting requirements, etc.), the hours to be worked, and the pay rate​. This written description is crucial – it tells your doctor exactly what work is being offered. At the same time, a copy of this proposed job description should be sent to you (and your attorney, if you have one) so that you know what is being considered​

• Obtain the Treating Physician’s Approval: Your authorized treating physician (ATP) – the doctor managing your work injury – must review the job description. The employer/insurer will send the description to the doctor with a request to confirm whether you can do this job given your medical condition​. The doctor will typically compare the job duties to your restrictions and then either approve or disapprove the job. In Georgia, the law requires that this approval come from a recent examination – the doctor should have examined you within the last 60 days before approving the job​

• Complete the WC-240 Notice Form: Once the doctor approves the job, the employer/insurer will fill out the official Form WC-240 – the notice to you offering the job. This form includes all the important details: the job title, location, schedule (days and hours), rate of pay, and the date and time you are expected to report to work​. The approved job description or the doctor’s signed WC-240a form must be attached to the WC-240, so you can see the doctor’s confirmation that the duties are within your capabilities​

• Provide Proper Notice to the Employee: The employer/insurer must then send the completed WC-240 form (with the attachments) to you and your attorney (if you have one) at least 10 days before the date you’re supposed to return to work​. This advance notice is required by law – it’s meant to give you time to prepare and to review the offer. The notice should be sent via certified mail or a similar method to document that you received it. For example, if they want you to start the light-duty job on June 1st, you should have the WC-240 paperwork by about May 21st at the latest. Failing to give a full 10-day notice (not counting weekends) could invalidate the WC-240 process. During this notice period, you can discuss the offer with your doctor or lawyer if you have concerns.

• Return to Work: On the designated start date, you should report to work and attempt the light-duty job, unless there is a clear reason not to (such as your doctor rescinding approval last-minute). The employer should have everything ready for your first day. The WC-240 form also contains a warning about the consequences of refusing the job (basically, that your benefits can be suspended if you don’t at least attempt it).

Each of these steps must be done correctly. The WC-240 process is technical, and missing a step (for example, not sending the job description to the doctor and employee at the same time, or giving only a 2-day notice) can make the return-to-work offer legally defective​. As an injured worker, it’s helpful for you to be aware of these requirements – if something seems off (like you get a call to return to work with no paperwork), that’s a red flag that the proper WC-240 procedure isn’t being followed.

What Happens if the Worker Cannot Perform the Job?

One of the most important protections for injured workers in the WC-240 process is the “15-working-day rule.” This rule essentially gives you a trial period to attempt the light-duty job without immediately losing your benefits if it doesn’t work out. Here’s how it works:

• The 15-Day Trial: When you return to work under a WC-240 light-duty offer, pay close attention to the calendar (and keep track of the days you actually work). Under Georgia law, if you attempt the job but cannot continue working for up to 15 scheduled work days, your income benefits must be reinstated as soon as you stop​. In simpler terms, you have 15 working days to try the job and see if you can do it. If you find within that period that your injury prevents you from doing the work, you can inform your employer that you cannot continue, leave the job, and your weekly workers’ comp checks should start back up immediately​. The law gives you this window to test it out. It’s crucial to understand that to take advantage of the 15-day rule, you must at least make a genuine attempt at the job.Georgia’s rule specifies that if you don’t work one full work day or at least 8 cumulative hours (whichever is greater), it can be treated as if you refused the job​. An unpaid lunch break is not counted towards the eight hours.

In other words, don’t quit after an hour unless it’s an absolute emergency. You need to put in a good faith effort for (at minimum) a day. The law sets this 8-hour/one-day minimum so that employees don’t just show up and immediately leave with no attempt. For example, if you work only 2 hours on Day 1 and go home, the insurer may argue you didn’t fulfill the requirement and thus “refused” the job. Try your best to complete that first day. Of course, if you physically collapse or have a serious issue, get medical help – but barring an extreme situation, work at least one full day. This will make it clear that you did attempt in good faith​

Let’s say you sincerely give the job a try – maybe you work a few days or a week – and it becomes evident that you just can’t keep doing it. Your pain might be increasing, or perhaps your doctor even says to stop because it’s aggravating your injury. If this happens within 15 working days of starting, then you have the right to stop working and your Temporary Total Disability (TTD) benefits should restart immediately when you stop​

You should inform your supervisor or HR in writing that you are unable to continue due to your injury. It’s also wise to contact the insurance adjuster in writing (or have your lawyer do so) to say, “I attempted the job from X date to Y date, which is less than 15 working days, but I cannot continue for medical reasons. Please reinstate my income benefits under O.C.G.A. 34-9-240.” According to the rules, the insurer must resume your weekly checks right away in this scenario​. This is a big protection for you – it means you won’t be left without income just because the attempted return to work didn’t pan out. The insurer should file a Form WC-2 documenting any changes to your benefit status.

“What happens to my checks during the trial period?”

If you go back to work, technically you’re earning wages (even if it’s light duty). In many cases, the employer/insurer will suspend your TTD benefits once you actually start the light-duty job, since you’re no longer “totally disabled.” However, if you cannot do the job and stop within the 15 days, they have to immediately resume the payments. If the insurer does cut off your check as soon as you start work, and you only last, say, 5 days, then by law they should reinstate benefits for the time after you left the job. In practice, you might have to notify them, but the right to reinstatement is yours. Also note: if your light-duty wages are lower than your old wages, you might be entitled to partial benefits (TPD – Temporary Partial Disability) during those 15 days. Be sure to discuss this with your lawyer so you don’t lose out on partial compensation.

Legal Requirements for a WC-240 Job Offer

Georgia’s workers’ comp laws set strict legal requirements that must be met before an employer can force a return-to-work through a WC-240 offer. The offered job has to be one you are capable of performing given your medical condition. In other words, it must align with the work restrictions your doctor has given. The Georgia State Board of Workers’ Compensation mandates that the job “accommodates [the employee’s] medical restrictions”​. For example, if you have a back injury and your doctor says no lifting over 10 lbs, the job should not involve lifting boxes of copy paper. A job that violates your medical limitations is not considered “suitable” under the law.

Challenges and Disputes in the WC-240 Process

Despite the detailed rules, WC-240 return-to-work offers often lead to disputes. It’s not uncommon for injured workers to encounter problems with the job they’re offered. A frequent issue is that the supposedly “suitable” job actually asks for more than your doctor allowed. For example, you might show up to the light-duty job and find that some tasks strain your injury or go beyond what was described. You have the right to refuse specific tasks that exceed your limitations – for instance, if the job description said “no lifting over 10 lbs” but your supervisor asks you to lift 25 lbs, you can and should refuse that task. If the employer insists or penalizes you, that becomes evidence that the job was not truly within your capacity. Always communicate your restrictions clearly, and if possible, get a note from your doctor if new tasks are introduced that you shouldn’t do. In any subsequent dispute, your argument would be that the job was not as represented on the WC-240 offer. Similarly, if the doctor’s approval wasn’t obtained correctly (for example, the form was signed by a physician’s assistant instead of the doctor, or the doctor hadn’t seen you recently), that can be challenged​. The State Board does expect strict compliance from the employer. So, if you find out that a step was skipped or done wrong, that’s something your attorney can use in your defense. It could lead to your benefits being reinstated on that basis alone.

“Make-Work” or Unfair Job Offers:

Unfortunately, there are cases where an employer creates a token job with no real value just to get the injured worker off benefits. For instance, an employer might offer you a job where you literally sit in an empty room for 8 hours, or perform menial tasks far below your skill level – not because they need it done, but to pressure you to quit or settle your claim. Georgia courts have recognized this tactic. In fact, a Georgia Court of Appeals decision in 1986 noted that a worker can justifiably refuse a job if the position offers no challenge and no opportunity for advancement (essentially a dead-end, pointless job)​

Now, this doesn’t mean you can refuse any light-duty job you dislike, but it does mean you can challenge a job offer that appears to be in bad faith. If you suspect the job is a sham (sometimes called “barnyard” jobs or created positions), bring it up with your lawyer. The law expects that light-duty work should be productive and within your abilities – not a tactic to starve you out. An injured worker has the right to challenge unfair job offers designed to manipulate them into giving up benefits​

Disputes Over Suitability

Even when all paperwork is right, there can be a genuine disagreement about whether the job is suitable. “Suitable” can be subjective – you and your employer might have different views. Common scenarios include you trying the job and experiencing severe pain, or feeling unsafe doing it, and leaving; the employer then claims you “refused” work. This sets the stage for a legal dispute. Typically, the employer/insurer will request a hearing to get a judge to rule that your refusal was unjustified. During that time, they might suspend your benefits (depending on the circumstances of how long you worked – see the 15-day rule in the next section). At the hearing, the burden is on the employer/insurer to prove two things: (1) that the job was suitable to your capacity, and (2) and that any refusal to perform the job was justified.

In any of these disputes, it usually comes down to a hearing in front of an Administrative Law Judge if you and the insurer can’t resolve it. The judge will look at all the evidence – the paperwork, doctor’s opinions, your testimony about your experience attempting the job, etc. The process can take time (many months), and each side will try to support their view (the insurer that you could do it, you that you couldn’t or that the process was flawed). Being proactive and documenting issues (and of course, getting legal advice) can greatly help if you find yourself in a WC-240 dispute. Remember, the WC-240 process demands a lot from the employer/insurer procedurally, so any corner they cut can become your advantage in contesting an unfair return-to-work order.

What if You Last More than 15 Days?

If you successfully perform the job for more than 15 working days, the situation changes. At that point, if you stop working because of your injury, the law does not guarantee automatic reinstatement of benefits​. This doesn’t mean you can’t get your checks back – it just means it won’t be automatic. You (or your attorney) would likely have to file for a hearing or ask the insurer voluntarily to restart benefits due to a change in condition. Often, passing the 15-day mark is considered a sign that the return to work was “successful,” at least temporarily. The insurer might then argue any stoppage after that is a new change in condition that they aren’t obligated to pay for without a fight. So, think of day 15 as a kind of cut-off for automatic protection. Example: You worked 4 hours a day for 4 weeks (around 20 working days) and then your injury flared up badly and you had to quit. Since you exceeded 15 days, the insurer might not immediately resume TTD. You’d have to show that your inability to continue was because of the work injury (often through medical evidence) and possibly get a judge to order benefits resumed. It could take many months to get your benefits restarted.

This is why that initial 15-day window is so important.

Refusal vs. Inability: It’s worth noting the difference between “refusing” to work and “attempting but unable to continue.” The 15-day rule covers the latter – you tried in good faith but your body couldn’t handle it. If, on the other hand, you outright refuse to attempt the job at all, or you work less than a day (which, as mentioned, is treated as essentially not attempting), then the employer/insurer is allowed to suspend your benefits immediately for refusal​ They don’t have to wait 15 days because you didn’t give the job a fair shot. They would still eventually have to prove that your refusal was unjustified to permanently stop benefits (likely in a hearing), but meanwhile you’d be cut off. This is why most attorneys will advise you to at least try the light-duty job if it’s been doctor-approved, rather than flatly refusing – so that you trigger the 15-day protection.

Possible Outcomes After A Hearing on the Job Offer Suitability

If the judge finds the job was not suitable (or the WC-240 process wasn’t correctly done), then you win the dispute. Your benefits will be reinstated (or continued) and you won’t be penalized for not working. If benefits were already suspended, the insurer might be ordered to pay back what you missed, possibly with penalties if they were in the wrong. If the judge finds the job was suitable and available and that you refused without a good reason, then the employer/insurer wins. In that case, your benefits remain suspended. You might be expected to try the job again if it’s still available, or in some cases, you just remain without benefits until you either return to that job or find other grounds in the future (like a worsening of condition) to go back on benefits. If the judge finds the job was suitable but your refusal was “justified,” that’s effectively a win for you as well. For example, the judge might believe the employer that the job was within restrictions on paper, but also believe you that doing it caused significant pain, thus justifying you stopping. A justified refusal means your benefits should continue despite the offer. This is a bit of a nuanced outcome, but it’s recognized by law: an injured worker can be justified in refusing work that would aggravate their condition or for other valid reasons​

If you refused the job outright and the employer suspended benefits, you might be without income until the hearing resolves it – which is obviously tough. This is why, as mentioned earlier, it’s usually better to attempt the job and then contest it, rather than refuse and contest, because at least you’re paid in the meantime. Some injured workers in the latter scenario choose to go ahead and try the job while awaiting a hearing (if the offer is still open), just so they aren’t without income. This can be a strategic decision to discuss with a lawyer.

Get Professional Advice: Appealing a return-to-work order is often not something you want to do alone. It involves legal arguments and understanding of workers’ comp law and evidence. If you haven’t already, this is the stage to strongly consider hiring a workers’ comp attorney if you have received a WC-240.

Practical Tips for Injured Workers

• Don’t Return to Work Without a WC-240: If your employer calls you and says, “We have a light duty job, come in tomorrow,” but they haven’t provided a WC-240 form, be cautious. In Georgia, you should insist on a formal WC-240 offer before returning to work in a different or light-duty capacity. The reason is that the WC-240 process triggers protections for you. It ensures that the job is approved by your doctor. While it might not always be possible to refuse an informal offer, remember that without the official process, you’re basically waiving some of the safety nets we discussed.

• The 15 day trial period still applies even with informal job offer. If you do return to work without a WC-240, working more than 15 days could effect your rights to have your benefits automatically reinstated if you have to stop working due to your injury.

  • Communicate Openly with Your Doctor: Your treating physician is a key player in this process. Keep them informed about what your job requires and how you’re feeling. If an employer is seeking your return to work, you might even proactively talk to your doctor: “If they offer me a desk job that involves XYZ, do you think I can do that safely?” Make sure the doctor truly understands the physical demands (bring a copy of any job description you’re given). Sometimes a doctor might quickly sign off on a job description without knowing, for example, that “light clerical duty” actually includes lifting heavy files from a bottom drawer repeatedly. If you feel the job is too much, tell your doctor exactly what part of it hurts or causes issues. Also, if you attempt the job and it’s causing pain, go back to the doctor as soon as you can. If the doctor agrees and documents that the work is aggravating your injury, that record will protect you. In essence, make your doctor your ally – they don’t want you hurt either, and they can help by adjusting your restrictions or backing you up if the job is not suitable.

  • Know Your Restrictions and Follow Them: Before you start any light-duty job, make sure you have a clear list of your medical restrictions (ideally in writing from the doctor). For example: “no lifting over 15 lbs; must be allowed to sit 10 minutes each hour; no overhead reaching,” etc. Memorize these or keep a copy at work, and stick to them religiously. If your supervisor asks you to do something outside those restrictions, you should politely refuse and explain, “I’m sorry, I can’t do that – it’s outside my medical restrictions.” It’s actually your responsibility as well as the employer’s to stay within those limits. If you willingly ignore your restrictions and push yourself, two bad things can happen: you might injure yourself further, and you might weaken your claim (because it looks like you were capable of more than the doctor thought). An employer might test your boundaries, but you are not required to exceed what the doctor approved. In fact, the employer should know better. One tip is to inform a supervisor or HR in writing of your doctor’s restrictions on your first day, so it’s clear to everyone. Remember, if someone tries to get you to do something like lifting a heavy box which the doctor said not to, you must refuse for your own good​

  • Don’t worry about being seen as uncooperative – it’s about your health. Document those instances (e.g., “On Tuesday, my manager asked me to climb a ladder, which is against my restrictions; I told him I could not”). This documentation could become evidence if there’s a dispute later.

  • Use the 15-Day Window Wisely: As explained, you have a 15-workday trial period by law. Use it to your advantage. This means: genuinely attempt the job during those days, but also carefully assess your ability to do it. Don’t feel like you must push through beyond what’s safe just to please your employer. If you realize it’s too much, it’s usually better to stop working before the 15th day rather than struggle past that point. Stopping within 15 days triggers the automatic benefits reinstatement​

  . If you go longer and then quit, you’ll face more hurdles. So, for example, if you’re on day 10 of work and each day your pain has gotten worse – you’re probably not going to magically feel better on day 16. It may be time to cut your losses and inform everyone that you cannot continue. On the flip side, don’t jump ship too early either – remember the 8-hour minimum rule.In Georgia workers’ compensation, if an employer offers a light-duty job (WC-240), an employee must attempt the job for at least eight cumulative hours or one scheduled workday (whichever is greater) to avoid benefit suspension.

In Conclusion

The WC-240 process in Georgia is there to give you a structured, safe attempt to return to work, but it has checks and balances. As an injured worker, knowing the process helps you ensure those checks and balances function correctly. If the light-duty job is truly within your ability, it could be a positive step. If it’s not, the law provides remedies – use them. Stay proactive, and don’t hesitate to assert your rights so that you are not taken advantage of during a vulnerable time. Returning to work after an injury is a big step, and often can have large financial impacts on your entitlement to benefits. We reccomend that you have an attorney review any WC-240 before you return to work. This will ensure that your rights are protected and that you are not giving up any benefits by returning to work.