The Georgia WC-104 form serves as a crucial notice to employees, indicating that their authorized treating physician has released them to return to work, but with specific restrictions or limitations. It is a requirement by the Georgia State Board of Workers' Compensation for employers to notify employees using this form within 60 days of the medical release to return to work. This form, along with the attached medical report, plays a vital part in the transition process from receiving total temporary disability (TTD) benefits to temporary partial disability (TPD) benefits, guiding both the employer and employee through a critical phase of workplace reintegration.
In the realm of workers' compensation within Georgia, the WC-104 form holds a pivotal role. It serves as a vital means of communication between employers and employees regarding the status of an employee's capacity to return to work following an injury. Specifically, it notifies an injured worker that their authorized treating physician has deemed them capable of resuming work but with certain restrictions or limitations. This document is not only a requirement by the Georgia State Board of Workers' Compensation but also a legal necessity under O.C.G.A. §34-9-104(a) and Board Rule 104. Its purpose extends beyond a mere formality; it affects the continuation and adjustment of an injured worker's income benefits, as it essentially signals a transition from Total Temporary Disability (TTD) benefits to Temporary Partial Disability (TPD) benefits. For accurate execution, the employer must attach the medical report that outlines the employee's work limitations and submit this package within 60 days of the physician's release. This action ensures that all parties involved – the employee, their counsel, and the Board – are on the same page regarding the worker's health status and capabilities. Moreover, this process underscores the broader framework of workers' compensation, designed to support injured workers' return to employment in a manner that accommodates their recovery and promotes a balanced and fair workplace reintegration.
WC-104 NOTICE TO EMPLOYEE OF MEDICAL RELEASE TO RETURN TO WORK WITH RESTRICTIONS OR LIMITATIONS
GEORGIA STATE BOARD OF WORKERS' COMPENSATION
NOTICE TO EMPLOYEE OF MEDICAL RELEASE TO RETURN TO WORK
WITH RESTRICTIONS OR LIMITATIONS
Instructions: The employer shall use this form to notify an employee that the authorized treating physician has released the employee to return to work with restrictions or limitations, as required by O.C.G.A. §34-9-104(a) and Board Rule 104. This form, with attached medical report, must be sent to the employee and counsel for the employee, within 60 days of the release to return to work. This form, along with attached medical report, should only be filed with the Board as an attachment to a Form WC-2 when converting benefits from TTD to TPD.
Board Claim No.
Employee Last Name
Employee First Name
M.I.
SSN or Board Tracking #
Date of Injury
A. IDENTIFYING INFORMATION
County of Injury
INSURER/
Name
EMPLOYEE
SELF-INSURER
Address
CLAIMS OFFICE
City
State
Zip Code
E-mail
EMPLOYER
SBWC ID# (five digit no.)
Insurer/Self-Insurer File #
Phone Number
B. NOTICE TO EMPLOYEE
1.Your injury, which occurred on or after July 1, 1992, is not catastrophic, as defined in O.C.G.A. 34-9-200.1(g).
2.You are receiving income benefits, and are not working.
3.Your authorized treating physician, who is
has released you to work with restrictions or limitations on
4.The limitations from the physician are as follows:
A copy of the physician's report, which authorizes your release and describes your limitations, is attached.
5.Because you have been released to return to work with restrictions, your income benefits will be reduced from $
per week to $
per week on
, unless you return to work at an earlier date.
I certify that I have today sent a copy of this form with the attached medical report to the employee and counsel for the employee, if represented.
Print Name
Date
Signature
Phone Number and Ext
Employer / Insurer
IF YOU HAVE QUESTIONS PLEASE CONTACT THE STATE BOARD OF WORKERS’ COMPENSATION AT 404-656-3818 OR 1-800-533-0682 OR VISIT http://www.sbwc.georgia.gov
WILLFULLY MAKING A FALSE STATEMENT FOR THE PURPOSE OF OBTAINING OR DENYING BENEFITS IS A CRIME SUBJECT TO PENALTIES OF UP TO $10,000.00 PER VIOLATION (O.C.G.A. §34-9-18 AND §34-9-19).
WC-104
REVISION . 07/2011
104
NOTICE TO EMPLOYEE OF MEDICAL RELEASE TO
RETURN TO WORK WITH RESTRICTIONS OR LIMITATIONS
When an employee is ready to return to work but with certain medical restrictions or limitations, the Georgia WC-104 form becomes essential. This form is a formal way to notify the employee about the change in their work status due to medical reasons. It ensures proper communication regarding the employee's ability to work and any adjustments in income benefits due to the return to work under specific conditions. The following steps guide you through the process of filling out the WC-104 form correctly to ensure compliance with the Georgia State Board of Workers' Compensation requirements.
Once you complete these steps, ensure that all information is accurate and the form, along with the attached medical report, is promptly delivered to the necessary parties. This not only aids in maintaining transparency but also helps in the smooth transition of the employee back to work within their capabilities. Remember, accurate completion and timely submission of the WC-104 form is crucial for compliance with state regulations and to facilitate the employee's return to work process.
What is the purpose of the WC-104 form in Georgia?
The WC-104 form serves a crucial notification role within the Georgia workers' compensation system. When an employee has been injured on the job and received medical treatment, this form is used by employers to inform the employee that the treating physician has authorized a return to work but with certain restrictions or limitations. These restrictions are based on the current medical assessment of the employee's ability to perform work tasks safely. It is a part of the process outlined by the State Board of Workers' Compensation and is mandated to ensure that both the employer and the injured employee understand the terms of returning to work post-injury. This process underscores the balance between the need for employees to return to work and the necessity of acknowledging their physical limitations to prevent further injury.
Who needs to send and receive the WC-104 form?
It is the employer's responsibility to fill out and send the WC-104 form. This form must be sent to the injured employee and to the legal counsel representing the employee, if there is one. The completion and sending of this form must occur within 60 days of receiving the notice from the treating physician that the employee can return to work with certain restrictions or limitations. This ensures timely communication so that all parties involved are aware of the employee's work capability and any adjustments that need to be made to accommodate their return.
What happens if an employee disagrees with the restrictions or the decision to return to work?
If an employee believes that the restrictions or the decision to return to work does not accurately reflect their physical capabilities or medical condition, they have the right to dispute the determination. The first step often involves directly communicating concerns with the employer or the treating physician to seek clarification or reconsideration. If disagreements persist, the employee can contact the State Board of Workers' Compensation for guidance or dispute resolution services. Additionally, seeking legal advice can help navigate the dispute process and ensure that the employee's rights are protected. Georgia law outlines specific procedures for disputing workers' compensation decisions, and it is important to follow these protocols to achieve a fair outcome.
How does the WC-104 form affect an employee's income benefits?
The notification via the WC-104 form directly impacts an employee's income benefits. Once an employee is deemed able to return to work with restrictions, their income benefits may be adjusted. Specifically, if the employee's wages upon return to work (considering the restrictions) are lower than their pre-injury wages, the employee may be eligible for Temporary Partial Disability (TPD) benefits. These benefits are intended to partially compensate for the wage difference. The adjustment in benefits is based on the information provided in the WC-104 form, including the expected earnings and the date the reduced benefits will commence, unless the employee returns to their work at an earlier date and wage.
What should an employee do upon receiving the WC-104 form?
Upon receiving the WC-104 form, the employee should carefully review all the information provided, including the attached medical report that outlines the specific work restrictions or limitations. It is vital to understand these details as they will guide what the employee can and cannot do upon returning to work. The employee should also communicate with their employer about any accommodations needed to return to work safely and effectively. If there are any concerns or disagreements with the form's contents, the employee should reach out to the employer or their legal counsel for clarification. Additionally, keeping a personal copy of the form and all related communications is important for record-keeping and any future disputes that may arise regarding workers' compensation benefits.
Not attaching the medical report: One common mistake is failing to attach the authorized treating physician's medical report. This report is crucial as it documents the employee's restrictions or limitations and supports the stated work capacity.
Incorrect or incomplete employee information: Filling out the form with incorrect or incomplete information regarding the employee, such as the Social Security Number (SSN) or Board Tracking Number, can lead to processing delays or misidentification.
Forgetting to provide detailed restrictions or limitations: Simply mentioning that there are restrictions or limitations without offering specific details from the physician's report fails to give clear guidance on what the employee can or cannot do.
Omitting information about benefit changes: Neglecting to accurately inform the employee about how their income benefits will be reduced or altered upon their return to work can cause unnecessary confusion or disputes.
Failure to notify the employee and their counsel: Not sending a copy of the WC-104 form and the attached medical report to both the employee and their legal representation (if any) within the specified 60-day period disregards mandatory communication requirements.
Incorrect or missing employer or insurer information: Errors in filling out the employer or insurer's contact information, such as an incorrect E-mail or physical address, can obstruct necessary follow-up actions or correspondences.
Not specifying the injury date accurately: An inaccurate date of injury can create confusion regarding the applicability of the return to work and its associated restrictions or limitations, especially if required to determine benefit changes.
Forgetting to sign and date the form: A missing signature or date at the bottom of the form may result in it being considered incomplete, potentially invalidating the notice for not meeting the formal requirements set by the Board.
When managing workers' compensation claims in Georgia, it is crucial for employers, employees, and legal professionals to be familiar with various forms and documents that are often used in conjunction with the WC-104 form. The WC-104 is an important document that notifies an employee of their authorized treating physician's release to return to work with restrictions or limitations. In order to ensure a smooth process, several other documents are typically utilized alongside this form.
Understanding and accurately completing these documents are key steps in navigating the workers' compensation process in Georgia. Each form has a specific role and contributes to ensuring that injured workers receive the appropriate care and benefits, employers are informed of their obligations, and the overall claims process moves forward efficiently and fairly.
The Georgia WC-104 form is specifically tailored to inform employees about changes to their work status due to medical advisories, especially after sustaining workplace injuries. This form bears a resemblance to other documents used within the workers' compensation system, albeit with some distinct purposes and contents.
One such document is the WC-2 form, known as the "Notice of Payment or Suspension of Benefits". Both forms play crucial roles within the workers' compensation framework but serve different functions. The WC-104 form is used to formally notify an employee that they've been medically cleared to return to work with certain restrictions or limitations. This involves detailing the employee's reduced capabilities and how these impact their role within the company. On the other hand, the WC-2 form is utilized by employers and insurers to document the commencement or suspension of workers' compensation payments to the injured employee. It outlines the amount to be paid, the duration of the payment, and under what circumstances these payments are suspended or altered. Both forms are integral to managing the return-to-work process for injured employees, ensuring there's clear communication between employers, employees, and insurers regarding work capacity and compensation benefits.
Another pertinent document is the WC-240 form, or the "Notice to Employee of Offer of Suitable Employment". Like the WC-104, the WC-240 is pivotal in the context of an injured employee's reintegration into the workplace. While the WC-104 notifies the employee about medical clearance to resume work under specific restrictions or limitations, the WC-240 goes a step further. It is used to offer the injured worker a modified or alternative position that accommodates these medical restrictions or limitations. This includes detailed information about the duties of the proposed position, the location, the hours of work, and the wage offered. The WC-240 ensures that the offer of suitable employment is made in compliance with the physician's recommendations, promoting a smoother transition back to work for the employee. Together, the WC-104 and WC-240 forms ensure that employers take proactive steps in facilitating the injured worker's return to work in a manner that respects their medical limitations while aiming to retain their employment.
Filling out the Georgia WC-104 form correctly is essential for both employers and employees navigating the process of returning to work after an injury. Here are eight dos and don'ts to help guide you through this process:
By following these guidelines, you can help ensure that the process of notifying an employee of their medical release to return to work with restrictions or limitations is handled correctly and efficiently.
Understanding the Georgia WC-104 form is essential for employees navigating through work-related injuries and their recovery process. Misinterpretations of this form can lead to unnecessary confusion and stress. Here, we aim to clarify some common misconceptions associated with the Georgia WC-104 form.
This is not true. While the form does indicate a change in the status of work capabilities, it does not automatically terminate all benefits. Rather, it may result in a modification of benefits based on the ability to work with restrictions.
Employees are not required to accept any job that does not accommodate their medical restrictions as outlined by their treating physician. The job offer must be within the restrictions specified.
The form is actually used to notify an employee that they have been cleared to return to work with certain restrictions or limitations, not necessarily when they are fully recovered.
In reality, the employer or their insurer is responsible for filing this form. It is their duty to notify the employee of their medical status as it relates to work ability.
This is incorrect. The form simply communicates a change in work status based on current medical evaluations. It does not imply that the employee will no longer require medical attention for their injury.
Employees have the right to challenge the findings and work status indicated in the WC-104 form. This can be done through legal means or mediation, ensuring the employee's rights are protected.
Contrary to this belief, the WC-104 form is specifically utilized for non-catastrophic injuries occurring on or after July 1, 1992. Catastrophic injuries are governed by different rules and regulations.
Receiving this form may lead to an adjustment in benefits if the employee is able to return to work with restrictions, but it does not disqualify them from receiving benefits outright.
Ignoring or failing to respond appropriately to the notification can affect the benefits an employee is eligible to receive. Proper engagement with the process is crucial to maintaining one's rights and benefits.
It is critical for employees to fully understand the implications of the Georgia WC-104 form and to seek clarification when necessary. Misunderstandings can lead to unnecessary complications in the recovery and benefits process. Employees are encouraged to contact the State Board of Workers’ Compensation or seek professional legal help if they have questions or concerns regarding their situation.
Filling out and using the Georgia WC-104 form is a crucial step in the process of returning to work after an injury for both employers and employees. This document provides a structured way for employers to communicate with injured employees about their capacity to return to work under certain restrictions or limitations, as outlined by a medical professional. Understanding the key takeaways of this form helps ensure that the process is handled correctly and in compliance with Georgia law.
The Georgia WC-104 form is more than just paperwork; it is a critical tool in the process of reintegrating employees back into the workforce following an injury. Employers must handle this document with care, accuracy, and timeliness to support their employees' transition back to work while complying with state law and avoiding penalties. Proper attention to the details and requirements outlined in the WC-104 form helps facilitate a smooth transition for returning employees and ensures the continued operation of business practices in accordance with legal standards.
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