Returning employees to work after an injury becomes more difficult with each passing week. A turning point occurs 26 weeks after lost time begins. Six months post injury presents some unique challenges — and opportunities. This is the week when many programs end and others begin. Short-term disability shifts to long-term disability and Social Security disability claims begin to be filed in earnest.
This time is troubling to a worker and the family. What they had hoped would be a few weeks of lost time is dragging on with no end in sight – and that is the way it will stay unless the employer can provide supportive assistance.
At this point, the employer’s best course is to offer the employee assistance in filing a Social Security disability benefits claim. Surprisingly, this can prove to be the most effective method of securing employee cooperation with a return-to-work effort. It shows that the employer is not closing any doors and that assistance will be provided no matter what the future holds.
Social Security provides for a nine month trial work period, during which the employee can continue to receive disability benefits while receiving wages;however, many employers and employees are unaware of this. The period need not occur only after Social Security benefits are awarded. A worker can begin the trial work period before the claim is allowed, or even filed, without loss of benefits.
This will allay the fears of a worker that such an effort will jeopardize a workers’ compensation or Social Security claim. In fact, it will help both since any difficulties the worker is experiencing will no longer be the subject of speculation and will demonstrate willingness to minimize the aftermath of injury. At the same time, if the effort fails, the employer can, and should, testify in support of the Social Security claim. An employer’s testimony is every bit as important as a medical report in such claims.
The strongest force for successful return to work is the establishment of a regular routine where the employee travels to the same place, at the same time each day. Habits are quickly ingrained and work is a far better habit than disability.
Attorney Theodore Ronca is a practicing lawyer from Aquebogue, NY. He is a frequent writer and speaker, and has represented employers in the areas of workers’ compensation, Social Security disability, employee disability plans and subrogation for over 30 years. Attorney Ronca can be reached at 631-722-2100.
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