For an employer, the return to work process is no less daunting than that same process is to the injured worker. While claims professionals and attorneys are adept at managing a successful return to work, employers are ill prepared to navigate the various rules, forms and procedures necessary to accomplish what should be a very simple task. The good news is the correct process is entirely consistent with good business practices, a productive workforce and the Americans with Disabilities Act.
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“13 Research Studies to Prove Value of Return-to-Work Program & Gain Stakeholder Buy-In”
The most ineffectual programs are those offering no real work, make-work if you will, with the focus on getting benefits suspended rather than returning the employee to productivity. With advance preparation, the employer can prepare the way for a successful return to work after injury or, at the very least, prepare the evidence needed at trial for a court ordered suspension of income benefits.
ESSENTIAL STEPS
1. Employer Attitude – The course of your WC claims are determined in the minutes after the injury happens. This includes supervisor attitude, accident investigation and medical care. An injured worker met with derision, resentment or impatience is not likely to look forward to a return to work with restrictions.
2. Control of Medical Care – For those states with employer control or employer input into the pool of physicians eligible to treat injured workers, selection of physicians with familiarity or sophistication in occupational injuries will provide a competent diagnosis and treatment plan as well as a more accurate assessment of whether the injured worker can safely return to work without presenting a danger to himself or others.
3. Job Descriptions – An accurate assessment of each occupation to be performed should be prepared by the employer well in advance of the occurrence of any injury. These descriptions should be expressed in ergonomic terms so the treating physician knows precisely what the employee will be required to do when returning to work.
4. Team Concept – Return-to-work programs are not the sole province of the HR/Safety Departments. Successful programs rely as well upon supervisory personnel and the active support of other employees.
5. Transitional Duty Agreement – Before the return to work happens, management, supervisory personnel and the injured worker should discuss the job description approved, the work to be performed and understand that management will not direct or request the employee to work beyond the stated restrictions. Nor will the employer tolerate the employee working voluntarily beyond the restrictions.
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6. PATIENCE! – The employee returning to work while still suffering the effects of an injury is understandably concerned with potentially making the injury worse while continuing to work. If the employee has been out of work for an extended period of time s/he will undoubtedly experience muscle stiffness associated with the deconditioning that comes from inactivity. The employer on the other hand tends to focus on the work at hand and may not be mindful of the legitimate concerns of the employee. The Transitional Duty agreement will help one anticipate and understand the concerns of the other.
7. Continuation of Medical Care – In most states, a return to work does not end the employer’s ongoing obligation for medical care. Understanding that the employee may need the reassurance from the treating physician that continued work is therapeutic or, at worst, not harmful, will assist the employee in continuing to work with the proper mindset. For the employee who does not really want to work , timely medical appointments provide the employer with contemporaneous evidence of the employee’s capabilities and effort.
Be prepared to take these steps irrespective of the employee’s attitude and you will have prepared your file for litigation. Be prepared to take these steps and you will find that those employees that want to work, respect the employer effort while those that do not want to work will understand that a WC claim won’t be a free or easy ride.
Author: Kevin O. Skedsvold, J.D. We welcome our guest writer, Kevin O. Skedsvold, a 20-year Insurance Defense Litigation attorney with Skedsvold & White in Atlanta, GA; CEU instructor for the Georgia Insurance Commissioner’s Office and Wickstrom Insurance and Risk Training Center. Chairman of Compworx LLC, a workers’ compensation process management platform.
He can be reached at kskedsvold@skedsvoldandwhite.com or 770-392-8610. www.skedsvoldandwhite.com.
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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker about workers’ comp issues. Workers’ compensation was formerly referred to as workman’s compensation.
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