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
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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.
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