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
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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.
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