How to Use Video to Get the Employee Back to Work

Sometimes, despite an employer's best efforts, some employees just do not want to come back to work (not having to work for a steady paycheck is a pretty good deal). The usual way employees block their return to work is by exaggerating the physical demands of their job. When asked by the orthopedic doctor how much lifting the job entails, the employee remembers the one time in his 20 years of employment where he picked up a 90-pound bag of concrete mix. What the doctor hears is the poor employee is lifting 90-pound bags all day long. The orthopedic in an effort to avoid a malpractice claim, tells the employee you cannot do that, and keeps the employee off work for another month.
 
 
A lot of savvy risk managers and workers compensation coordinators are furnishing the medical provider with a copy of the employees written job description as soon as they know who the medical provider is or is going to be. This often helps to get the employee back to work as soon as the employee is physically able to return to work. However even with a written job description, there are times the doctor does not have a clear understanding of the employee’s job.(WCxKit)
 
 
With YouTube and all the other video display sites on the internet, the use of video to show and describe things is quite common. Video job descriptions are now easy to create, simple to watch and they make it much easier to understand processes when the medical provider is not previously familiar with them. There are also videos and photos on Facebook that are now commonly used to dispute claims on inability to work.
 
 
Before you start making a video of the employee’s job, stop and plans what you want to show. Read through the written job description. Does it cover everything the employee does? Ask another conscientious employee who does the same job how the written job description can be improved (no need to mention the other employee’s work comp claim). Be sure to make note of everything the currently working employee states needs to be added to, or taken out of, the existing job description.
 
 
Obtain a copy of the injured employee’s medical restrictions. Identify the limitations the medical provider has placed that are preventing the employee from returning to work (this will be important when making the video record of the job description).
 
 
Ask the working employee to allow you to video record the work routine, the daily task and the most difficult parts of the job. Be sure to capture on the video the way the working employee has to move, bend, stretch, twist, walk, sit, stand, etc. Show all repetitive motions. Show all lifting whether it is a 40-pound box of materials, or a feather-light single piece of material.
 
 
Be sure to have the sound turned on during the video of the job and ask questions. Some of the questions you will want answered in your video include:
 
1. How much does that item weigh?
2. How often do you have to pick up the item?
3. Is it easier to do your job sitting down or standing up?
4. How far do you have to reach?
5. How many times a day to you repeat that motion?
6. What can be done to make the physical demands of the job easier?
7. Show me the most difficult part of your job.
8. Without mentioning the injured employee, ask about each limitation that has been placed on the injured employee, for example:
a. “If for safety reasons we said not to lift more than 20 pounds, could you still do your job?”
b. “If you were unable to stand for more than four hours at a time, would you be able to do the job sitting down?”
c. “Would it make the job easier if you alternated between standing and sitting?”
d. “Would you be able to do your job if we limited the repetitive motion to XX repetitions per hour?”
 
 
Keep in mind there is the possibility that the conscientious employee will state “you cannot do this job if you cannot lift 40 pounds” or something similar that will validate the fact the injured employee is not malingering and really cannot return to work, yet.
 
 
If necessary, edit your video job description to keep the length down to about five minutes. That is about as much time as you can expect the doctor to take away from his/her many other duties to watch the injured employee’s video job description.
 
 
When you are satisfied the video record will answer all the potential concerns of the medical provider and properly portray the injured employee’s job, ask the nurse case manager to view the video job description. See if she has any concerns about the injured employee’s capabilities to return to work. If she does, determine how the job might be modified for the injured employee to return to work.(WCxKit)
 
 
The nurse case manager is a good way to get the video record in front of the medical provider. The nurse case manager can explain your desire to get the employee back to work and also explain how any necessary job modification will be accomplished to meet the injured employee’s restrictions. If necessary, add to the video any job description changes needed to accompany the employee’s restrictions, showing the way the modified job will be done. When the medical provider sees the employee can do the regular job, or a modified duty job, the formerly injured employee will soon be back to work.
 
 
Author Rebecca Shafer, JD, President of Amaxx Risk Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker, and website publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality, and manufacturing. She is the author of the #1 selling book on cost containment, Manage Your Workers Compensation: Reduce Costs 20-50% www.WCManual.com. Contact: RShafer@ReduceYourWorkersComp.com.
 

NEW 2012 WORKERS COMP BOOK:  www.WCManual.com 
WORK COMP CALCULATOR:  www.LowerWC.com/calculator.php

 
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.

Pair of Australian Employers Fined after Man Suffers Permanent Fall Injuries

Two Australian companies and two of their directors have been fined a total of $512,500 and ordered to pay WorkCover New South Wales’ legal costs after a man fell from the roof of a large shopping center redevelopment in Merrylands, sustaining severe and permanent injuries.
 
 
H Hassarati and Co Pty Ltd (Hassarati) was a demolition and excavation company and BU Hazardous Material and Demolition Pty Ltd (BU Hazardous) was an asbestos and general demolition company, both based in Sydney. The companies were part of the major redevelopment of the Stockland Shopping Centre in Merrylands. (WCxKit)
 
 
The construction company engaged for the redevelopment subcontracted the demolition works to Hassarati, who then subcontracted BU Hazardous to help it with some of the work, including the removal of roof sheeting and insulation.
 
 
The accident occurred when a 56-year-old worker was manually removing roof sheeting and insulation from a building without a harness when he slipped and fell almost eight meters, hitting an air-conditioning duct before landing on the concrete floor below. The man sustained serious and permanent injuries.
 
The investigation found:
 
1.     The defendant did not have enough safety harnesses and inertia reels harnesses for all of the employees required to work on the roof. As a result BU Hazardous did not provide the injured person or other employees working on the inner section of the roof with harnesses.
2.     There were no adequate safety instructions or training provided for working from heights to employees.
3.     There was no system in place to make sure all workers were provided with a harness at all times while on the roof.
4.     Both companies had failed to properly supervise and instruct their staff. (WCxKit)
 
Both companies were charged with breaches to the Occupational Health and Safety Act 2000.
 
BU Hazardous was convicted and fined $300,000 and its director Bo Ung was convicted and fined $30,000. Hassarati was convicted and fined $175,000 and its director Paul John Hassarati was convicted and fined $7,500.

 

Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He is an editor and contributor to Workers Compensation Management Program: Reduce Costs 20% to 50%. Contact: Info@ReduceYourWorkersComp.com.
 
 
 
 
2012 WORKERS COMP MANAGEMENT GUIDEBOOK is here:  www.WCManual.com
 
WORK COMP CALCULATOR:  www.LowerWC.com/calculator.php
 
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact: Info@ReduceYourWorkersComp.com.

Former Asbestos School Owner Sentenced to Prison Time

The former owner of the country’s largest asbestos abatement training school has been sentenced to prison after having fled the United States after her trial in 2008.
 
 
According to the Environmental Protection Agency, U.S. District Judge Nathaniel Gorton sentenced Albania Deleon to 87 months in prison to be followed by 3 years of supervised release. She was ordered to pay more than $1.2 million in restitution to the Internal Revenue Service and several hundred thousand dollars to AIM Mutual Insurance Company. (WCxKit)
 
 
In 2008, Deleon was convicted of charges including selling training certificates to thousands of illegal aliens who had not taken the mandatory course. She allegedly placed these unqualified people in temporary positions as certified asbestos abatement workers in public buildings.
 
 
From approximately 2001 to 2006, Deleon owned and operated Environmental Compliance Training (ECT), a certified asbestos training school located in Methuen, Mass. ECT normally offered training courses on a weekly basis at its Methuen offices, however, many of the recipients of the certificates never took the required course.
 
 
Instead, with Deleon’s knowledge and approval, ECT’s office employees issued certificates of course completion to thousands of individuals who did not take the course. These individuals filed the certificates with the Massachusetts Division of Occupational Safety in order to be authorized to work in the asbestos removal industry. Many of the recipients were illegal aliens who wished to skip the four-daylong course so that they would not forego a week’s pay.
 
 
Since ECT’s training course records were subject to inspection, Deleon sought to cover up ECT’s practice of issuing certificates to untrained applicants by having the applicants sign final examination answer sheets that already had been completed and graded, which she maintained in ECT’s files. Based on the evidence at trial and information supplied by the Division of Occupation Safety, ECT issued training certificates to more than 2,000 untrained individuals.
 
 
Deleon is the fifth environmental criminal captured since the EPA fugitive website was launched in December 2008. (WCxKit)
 
 
Today’s sentence marks the final chapter in bringing Albania Deleon to justice,” said EPA’s Cynthia Giles. “Committing environmental crimes to make a profit that put workers and our communities at risk [carries] serious consequences.”
 
 
Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com.
 

WORKERS COMP GUIDEBOOK:  www.WCManual.com
 
WORK COMP CALCULATOR:  www.LowerWC.com/calculator.php

 
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact

8 Point 44 Million Dollar Grants for Mine Health and Safety Training Noted by OSHA

The U.S. Department of Labor's Mine Safety and Health Administration recently announced that it has allocated $8,441,000 in health and safety training grants for fiscal year 2011.
 
 
According to MSHA, grantees will use the funds to provide federally mandated training to miners. The grants cover training and retraining of miners working at surface and underground coal, and metal and nonmetal, mines, including miners engaged in shell dredging or employed at surface stone, sand and gravel mining operations. (WCxKit)
 
 
Funds have been awarded to 47 states and the Navajo Nation, which had to apply for the grants. They are administered by state mine inspectors offices, state departments of labor, and state-supported colleges and universities. Each recipient tailors the program to the needs of its mines and miners, and also provides technical assistance.
 
 
The state grants program was authorized by the Coal Mine Health and Safety Act of 1969. States first received funding to provide health and safety training to miners in 1971.
 
 
Under these grants, in addition to health and safety training, some states offer training for mine operators specifically on compliance with health and safety standards, as well as training for miners on their rights under the law and for mine rescue teams on being prepared in the event of a mine emergency.
 
 
Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com.

Our WORKERS COMP BOOK:  www.WCManual.com
 
 

 

WORK COMP CALCULATOR:  www.LowerWC.com/calculator.php
 
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
 
©2011 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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