Sometimes certain workers will sabotage every opportunity to return to work. Job prospects do not stir their interest or they are simply not motivated to work. Employers often think this is the case, but are not sure.
Some states place the burden of working on workers-if an employee can work in any capacity, he or she must try. Otherwise, they cannot collect benefit payments. Other jurisdictions rely on rehabilitation regulations to address return-to-work objectives. Legal remedies only go so far, however, to prevent employees from shirking their return to the workforce.
Be Equipped with Complete Records – Employers must do everything possible to encourage interest in the return-to-work process. And if these best efforts fail, they must be equipped with the records to prove it. The goal is simple: get the injured worker a job.
Train Employees to Job Search – Train employees to conduct a job search, from newspapers to web sites to electronic bulletin boards. Teach them to network and to spot job opportunities in unlikely places. Let them know what kind of returns to expect when sending out cover letters and resumes. Make this a constructive process, one they’ll likely use at other times in their life.
Use Vocational Rehabilitation Firms – Since not all workers embrace such help, bring in an aggressive vocational rehabilitation company or reemployment data research firm to document injured workers’ efforts to find employment. Once a worker realizes he or she is being monitored, the temptation to lie about searching diligently for alternative employment will fade.
Update Job Descriptions – When employers cannot facilitate modified duty on a permanent basis, the data on alternative jobs developed by the organization must be flawless. Written job descriptions are critical to communicating the duties and physical requirements of a new position. Traditionally collected in corporate archives, the simple job description format can take on new life when used to communicate alternative positions in the community.
Notify Everyone Immediately – Once a job opportunity has been identified, notify everyone. Re-employment is time-sensitive. The most compelling evidence to dispute a questionably diligent job search effort can be gathered by carefully documenting when information was provided and what happened afterwards.
Document the Process – The final step of the documentation process requires contact with the prospective employers to report on their experience with the injured workers.
Questions to Ask Prospective Employers – Were they on time to the appointment, dressed appropriately, interested in the position and flexible with the hours or salary? If the answers to these questions come back negative, the framework to documenting motivation to gain employment must already be in place.
Coordinate Medical Review – Search for alternative work usually occurs because specific physical limitations prevent the employee from returning to full duty. Since the medical provider has first hand knowledge of work capacity, medical approval of individual job descriptions is a key step in the reemployment process.
Gordon R. Butler, national authority/consultant on employability & wage capacity in workers’ comp, liability, PIP and LTD Claims. He can be reached at 321-377-1164 (cell) or email gbutler@gbutlerconsult.com www.gbutlerconsult.com
WC Calculator www.ReduceYourWorkersComp.com/calculator.php
TD Calculator www.ReduceYourWorkersComp.com/transitional-duty-cost-calculator.php
WC 101 www.ReduceYourWorkersComp.com/workers_comp.php
Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs.
©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. For reprint permission contact Info@WorkersCompKit.com�
Attorney Diane Kinslow an attorney practicing law in NY with an emphasis on workers comp since 1980, says that in NY, an employer considering an offer of a trial return to work should have a face-to-face discussion with the worker prior to composing a written plan. The spouse should also attend the meeting.
1. The discussion should be informal and at the workers home to make it easier for all family members to be present.
2. Nothing should be proposed during or after the discussion. The meeting is to determine the worker’s motivations, abilities and hindrances.
3. The interviewer should write only essentials which need to be incorporated later. Writing will impede the ability to watch and listen, which are essential to getting to know the whole person. Bring only essential papers in a conference style folder.
4. Do not discuss details of the compensation claim or any other action.
5. Make it clear that you are trying to help a family and that the spouse’s concerns will be addressed.
6. Make sure the worker realizes that the treating doctor must approve of the effort and that the worker should ask the doctor if any effort can be considered at this time. (Physicians and surgeons will almost always tell a patient to make a reasonable effort and see what occurs )
7. Don’t appear to be spying or probing. Ask if they would prefer to meet at a public place close to the home.
8. Keep the meeting to less than 30 minutes unless they want it to be longer.
9. Tell them that a written “plan”, not an “offer”, will be sent if there are no objections by the treating doctor.
10. Leave a card and ask to be informed of any change of conditions.
11. Write a memorandum of the meeting as soon as possible but after you have left the discussion. Note the family’s objections, fears and concerns. Many of these will be about future financial security.
To summarize, a discussion before submitting a written plan will eliminate mistaken impressions and expectations, both of which will hinder an otherwise worthy plan. The specifics on the written letter can be much like the letter customized for Delaware by Margaret DiBianca in this blog (click here). All situations are different, however, so ask your own legal counsel before proceeding.
Diane B. Kinslow, Esq., Aquebogue, NY. Diane has been a lawyer practicing law in all phases of workers comp since 1980 with an emphasis on self-insured employers. She can be reached at 631-722-2100 or medsearch7@optonlin.net
WC Calculator www.ReduceYourWorkersComp.com/calculator.php
TD Calculator www.ReduceYourWorkersComp.com/transitional-duty-cost-calculator.php
WC 101 www.ReduceYourWorkersComp.com/workers_comp.php
Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel or other professionals before implementing any cost containment programs.
©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
Injury Duration Guidelines are a tool for employers. They are helpful to know approximately how long an injured worker may be out of work. It is a way to compare against what the doctor and/or the employee say is the expectation of time out of work. If there is a discrepancy in the what you are told, ask your medical advisor. Many employers do not know that this type of tool exists.
Keep in mind any length of disability depends on many factors such as the severity of the injury and other medical conditions. For example, it may take a person with diabetes much longer to heal, than someone who does not have this condition so check with your medical advisor about lengths of time a person should be out of work.
When using these guidelines as a tool, minimum times equate to clerical, light-duty job. Maximum time-frames are for heavy industrial type jobs. All time-frames are measured in weeks, unless otherwise noted.
AND, you can figure out the potential cost savings by using the Transitional Duty Calculator to see that this can save up to $126,000 enter 21 days X $200/day plus $1,500 replacement costs X 4.5% profit margin. Change the data to your own data. This is an example. Transitional Duty Calculator
Injury Duration Guidelines-Upper Extremity Injuries
| Type of Injury Upper Extremity |
Area# Weeks |
Area #Weeks |
Area #Weeks |
Area #Weeks |
Area #Weeks |
| |
Arm |
Elbow |
Forearm |
Wrist/Hand |
Fingers Thumbs |
| Abrasion Contusions |
1-2 |
2-4 |
1 |
1 |
1
|
| Burns |
0-6 |
0-6 |
1-20 |
1-10 |
1-10
|
| Dislocation |
See Part |
3-6 |
|
2-6 |
1-3
|
| Fractures |
6-8 |
3-6 |
6-12 |
6-10 |
3-5
|
| Incisions |
0-2 |
2-24 |
2-24 |
2-8 |
2-8
|
| Lacerations |
0-6+ |
2-8 |
2-8 |
1-4 |
1-4
|
| Punctures |
0-3 |
2-4 |
2-4 |
1-3 |
1-2
|
| Sprains/Strains |
See Part |
1-3 |
|
1-3 |
1
|
| Repetitive MotionTendinitis |
See Part |
0-3 |
|
1-6 |
0-3 SeeNote 6
|
Note 1: Burn healing depends on degree (area and depth)
Note 2: Dislocations and Fractures apply to ribs. Punctures and incisions are those penetrating the thoracic cavity.
Note 3: Punctures and incisions are those penetrating the abdominal cavity.
Note 4: 2nd or 3rd degree, area variable.
Note 5: Total recuperation. However, there may be little disability during that time if walking is minimized.
Note 6: Time for carpal tunnel syndrome is quite variable, in part because factors other than workplace injuries are often involved.
Injury duration timeframes provided by Leslie J. Hutchinson, MD, MPH, FACOEM and Sanford S. Leffingwell, MD, MPH, Board-Certified in Occupational and Preventive Medicine. They can be reached at: 1-770-963-1223 HLM Consultants or hlm@hlmconsultants.com
WC Calculator www.ReduceYourWorkersComp.com/calculator.php
TD Calculator www.ReduceYourWorkersComp.com/transitional-duty-cost-calculator.php
WC 101 www.ReduceYourWorkersComp.com/workers_comp.php
Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs.
©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com
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