Job Modification in an L&I Claim

Written By:

l&i lawyer chris sharpe Christopher Sharpe
Home L&I Job Modification in an L&I Claim

What is Job Modification?

Job modification is an adjustment or alteration to how a job is performed. It often involves purchasing or modifying tools, equipment, or appliances.

What is Ergonomics?

Ergonomics is modifying work to help the worker be safe and productive. Ergonomics is job modification in action.

How to qualify for L&I Job Modification?

An injured worker with an open claim and a job or job offer, who has restrictions due to their accepted condition(s), may qualify for job modification assistance.

Requirements for L&I to Authorize Job Modification

  1. Open claim and
  2. The worker is limited or restricted in their ability to perform the job requirements because
    • they are in a light-duty job, and the modification is necessary to return to the job of injury or a
      new job; or
    • they are off work, and the modification is necessary to return to the job of injury or a new job; and
  3. An employer-employee relationship exists (they have a job or a job offer).

How Much Funding is Available for Job Modifications?

Up to $5,000 is available, payable from the second injury fund. The use of job modification does not increase the employer’s L&I premiums.

How to Apply for Job Modification?

The worker, the attending physician, the vocational counselor, the claims manager, or a consulting health care provider may request job modification.

The request is made to the claims manager, who authorizes a consultation. The consultation usually involves a physical therapist, occupational therapist, ergonomic expert, employer, or possibly an equipment vendor assessing the work site.

The consultant generates a report using the job modifications assistance application (F245-346-000).

If equipment or tools are needed, an ownership agreement is completed and signed. By agreement, either the employee or the employer may own the tools or equipment.

The consultant submits the paperwork and details to the claims manager for a decision. You can protest or appeal if you don’t like the claims manager’s decision.

What is L&I Light Duty?

Light duty is a job that fits within your medical restrictions. It may be a modification of your regular job or a new and easier job.

Why Ask For Job Modification Assistance?

Job modification is designed to encourage employers to modify jobs to retain or hire injured workers. If you qualify, then use it or lose it.

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