Properly Designing and Implementing Transitional Duty Program Ensures Success

return to workThe biggest mistake employers make with a transitional duty program is having a “sorta” light duty program.  The employer recognizes a transitional duty program is an important way to reduce workers’ compensation cost and realize the importance of providing modified duty/light-duty work for an injured employee but does nothing about it until an injured employee is placed on light-duty work restrictions by the medical provider.

 

 

Big Mistake is Designing Program After Employee is Injured

 

For a transitional duty program to be effective, it needs to be properly established.  This does not mean identifying a light-duty job for the employee once an employee has been injured.  It means having a written policy on light duty work that is known to everyone in the company.  When there is a written policy of providing transitional duty work, every employee will know that a light-duty or modified duty job will be available and required of them, if they are ever injured on the job.  The supervisors and managers within the company should be educated on the details of the transitional duty program so they can properly explain it to any employee who is injured.

 

A transitional duty position should be designed for every current job within the company.  The transitional duty job does not have to be in the same department as the injured employee’s original job.  It can be anywhere in the company.  The placement of the employee in a transitional duty position outside of the employee’s regular department is beneficial to the employee by broadening the employee’s skill base and knowledge of the company.  Any training the employee needs to accomplish the transitional duty job should be provided during the first days on the temporary job assignment.

 

 

Transitional Program Should be Understood Throughout Company

 

All employees should understand that transitional duty jobs are temporary and are not a new permanent assignment for the employee.  If the transitional duty is going to last more than 30 days, the employee should be moved to a second transitional duty job that allows for increased physical assertion, but still within the work restrictions set by the medical provider.  The employee should be clearly told that as soon as the medical provider clears them to return to their regular duty job, they will be required to do so.

 

The business partners who are involved in the handling of the workers’ compensation claim need to understand that transitional duty is required of all injured employees who are able to work in some capacity. The nurse case manager and the designated adjuster or dedicated adjuster(s) assigned to your work comp claims should understand that your company will return all injured employees to work as soon as the medical provider states what work restrictions are necessary.

 

The medical provider, whether employer selected or employee selected, should be advised there is a transitional duty job available to the injured employee. The medical provider should be given both a copy of the physical requirements of the employee’s regular job and a copy of the physical requirements of the transitional duty job that will be available to the employee. If it is a non-emergency situation, the physical requirements or the regular job and of the transitional duty job should be given to the medical provider prior to the first medical visit.  When this is not possible due to the need for immediate medical care, the physical requirements of both the regular duty job and the transitional duty job should be provided to the medical provider prior to the employee’s second medical appointment.

 

The employer should never allow the transitional duty job to interfere with the employee’s medical appointments, physical therapy appointments or other medical treatment.  The supervisor in charge of the transitional duty job position should be provided the date of the next medical appointment immediately following the most recently completed medical appointment to minimize the interruption in productivity of the department where the injured employee is working.

 

 

Properly Designed & Implemented Program Ensures Success

 

The work comp coordinator within your company should coordinate the transitional duty position with the employee, with the supervisor of the transitional duty position and with the medical provider to be sure everyone is on board.  Any issue that arises with the employee working in the transitional duty position can be addressed timely by the work comp coordinator.  The work comp coordinator should also verify that the transitional duty job meets the work restrictions set by the medical provider.

 

The establishment and implementation of the transitional duty program before it is needed is the key to a successful program.  By designing your transitional duty program to accommodate the needs of the injured employees, you will ensure the success of your transitional duty program.

 

 

 

Michael Stack - AmaxxAuthor Michael Stack, CEO Amaxx LLC. He is an expert in workers’ compensation cost containment systems and helps employers reduce their workers’ comp costs by 20% to 50%.  He works as a consultant to large and mid-market clients, is a co-author of Your Ultimate Guide To Mastering Workers Comp Costs, a comprehensive step-by-step manual of cost containment strategies based on hands-on field experience, and is the founder & lead trainer of Amaxx Workers’ Comp Training Center.

 

Contact: mstack@reduceyourworkerscomp.com.

Workers’ Comp Roundup Blog: http://blog.reduceyourworkerscomp.com/

 

©2019 Amaxx LLC. All rights reserved under International Copyright Law.

 

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker, attorney, or qualified professional.

New Times for Transitional Duty, Modified Duty in New York

Things are changing in workers comp. Lost time has become something to be limited, a concern that did not always receive the highest priority in the past.

 
 
The reasons are clear: a less than powerful economy and a rising cost of living.  Return to work, for decades in NY comp, has been viewed as a way to deprive a worker of a settlement and a way to deprive a lawyer of a substantial fee. But a mounting sense of uncertainty has changed that.[WCx]
 
 
For the employer, having a plan, not necessarily firm written guidelines, for returning employees to have some form of useful activity will have large benefits, and will not meet with the forms of resistance encountered in the past. A lawyer who ignores a return to work offer made to a client is playing a dangerous game, as recent court decisions have shown.
 
 
Employers who are not large enough to warrant an ongoing RTW program have traditionally stated, “We have no light work”, but that misses opportunities. Naturally, prior to most accidents, the mid-size or smaller employers probably do not have a firm plan in place, but that does not mean that something, somewhere, somehow cannot be done.
 
 
Doing something without having a prior plan in place has certain advantages. It means that whatever is tried is more likely to be a good fit with the circumstances than a prior plan. What is planned when nothing has yet happened is built on assumptions, not facts.
 
 
The first, and strongest gain from an employer meeting with an employee and exploring a RTW plan is to shift the relationship for both from passivity to active measures. And that means a rise in morale for both.
 
 
If the employer cannot think of useful work within the limits on activity imposed by an injury, then both the employer and employee should consider a joint search for light, but temporary, work in the general area. The advantage to this effort is that the employee, and the employee’s doctor, will also start thinking in terms of return to work.
 
 
In all of this, the comp board, the carrier/TPAs and the lawyers have been set aside. The comp law, at least in NY, does not give any of those the power to direct, or prohibit, return to work efforts.[WCx]
 
 
RTW efforts encounter many problems, both small and large, which will be discussed in the next piece.
 


Author: 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. medsearch7@optonline.net

 


MODIFIED DUTY CALCULATOR:  www.LowerWC.com/transitional-duty-cost-calculator.php

WORKERS COMP MANAGEMENT MANUAL:  www.WCManual.com

VIEW SAMPLES PAGES

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.

 

©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact us at: Info@ReduceYourWorkersComp.com.

Strattera no prescription
buy levitra online
Sertraline no prescription

7 Ways to STOP Those Minor Workers Comp Lost-Time Claims

 
Many companies simply don’t offer light duty. Instead, they say to their injured workers, “If you are not 100 percent then you are no good to me.” These same employers then complain when they go over their loss run about how much they are spending on shorter (10-30 days) lost time claims.
 
 
Typically wage expense on these claims is an employer’s biggest expense. Some higher wage earners can rack up a hefty wage cost in a short amount of time. Meanwhile, the medical cost for their claims may be a few thousand dollars, tops. (WCxKit)
 
 
Here are seven ways to keep those little lost-time claims from adding up in the long run.
 
 
1. Create Light Duty Work for All Restrictions
Depending on company size, there are a lot of easy jobs a person with restrictions can do — freeing up a healthy employee to do non-restrictive tasks. Light cleaning, inventory, answering the phone, ordering parts and supplies — all of these are necessary tasks in every company. A person with short-time, restricted duty may be assigned to help on these jobs or other light work until they are able to return to full duty, always dependent on the restrictions. Light duty keeps the employee working, and makes it easier to transition back to full-duty work.
 
 
2. Make Detailed Job Descriptions for All Available Light Duty Positions
Physicians usually ask for a job description before they release an injured worker back to work. If you have a good breakdown of what the various job tasks are, it makes it easier for the doctor to decide if the employee can do those jobs. Pay attention to the details of these jobs as well, you don not want an injured employee making the injury worse through their light-duty assignment.
 
 
3. Make Sure the Employer Contacts the Clinic to Say Light Duty is Available
Who knows what the employee is telling the doctor about the day-to-day job duties? Some claimants wanting to remain off work inflate their job duties to make it sound like there is no way they could return to work until they are at full ability.
 
 
If the employer calls or faxes over a job description the doctor may feel more at ease about releasing an injured worker back to light duty. Also, some doctors flat out ask the employee if there is light duty available and most the time the employee will say no, even when it is known there is light duty, in an effort to remain out of work longer and collect a check before returning to full duty. Employers must follow up and make sure they talk to the right person at the clinic about getting the employee back to work in an assignment consistent with their medical restrictions.
 
 
4. Offer Full Pay for Light Duty Work Instead of Partial/Reduced Pay
A common deterrent to an employee not wanting to come back on light duty is the employer drops the wage rates to coincide with the light-duty job tasks. This action defeats the purpose of bringing the employee back to work on light duty. Even though the tasks are below the employee’s experience level, think of light-duty assignments in the short-term, and be flexible with the pay. The injured worker is not going to be on light-duty work forever and getting the worker back to work is the important thing.
 
 
5. Talk to the Clinic/Physician About Your Workplace and the Work it Performs
In addition to faxing a job description, ask to talk directly to the physician. This will surely make the doctor feel better about releasing an employee back to work. Talking to the employer reassures the doctor the tasks assigned will be performed properly within the medical restrictions, and that the employer will provide help on certain jobs if the injured worker needs it. In addition, most physicians can provide work restrictions over the phone instead of waiting until the next appointment to release the worker back to light duty.
 
 
If you cannot reach the doctor ask for the office manager or medical/nurse assistance. Tell them a job description was faxed and that you want the doctor to address whether or not the employee is able to perform the light duty tasks; and if not, why. The more persistent you are, the quicker the doctor will be to provide restrictions. The squeaky wheel gets the grease.
 
 
6. Light Duty Work Tasks Can Motivate Workers to Get Back to Full Duty
Most people don’t like cleaning, phone work, or simple mundane tasks for very long. If workers know these tasks are a consequence of injury, they are less likely to milk their claim. Good workers hate being hurt and want to return to normal as soon as possible. If they know they will not be sitting at home idle, and instead will be answering the phone at work, it will shave time off of their claim and motivate them to be released from the doctor to full duty.
 
 
7. Think Of The Bigger Picture
Even if you do not have a lot of claims at your workplace, think about the cost in the big picture. Think quarterly and/or annually about the savings you will realize come the end of the year. As mentioned, wages are the biggest cost in short-term, lost-time claims. By keeping the injured employee working so they do not lose any time at all, you provide them with a job while they are injured, and also provide a service to the company. Before you know it they will be full duty without incurring any further lost time from their normal work duties. (WCxKit)
 
 
A good light-duty work program has a ton of benefits and you can get injured workers back to work utilizing the tips outlined above. This will not only save costs, but will also make the workplace more functional for injured workers. It is important to create and have on-hand, up-to-date, detailed job descriptions, as well as someone at your workplace following up with clinics to make sure they have the correct information regarding your light-duty work program. Once everyone is on the same page, your workers and your assigned occupational clinic will know what is expected of them when workers have a minor injury.
 

Author Rebecca Shafer
, JD, President of Amaxx Risks 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. See www.LowerWC.com for more information. Contact:RShafer@ReduceYourWorkersComp.com.
 

 
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

Six Tips to Get Your Employees on Board with Transitional Duty Programs

To carry out successful transitional work programs, risk managers must also help convince employees of the benefits of these programs.

 

The most critical element in any return-to-work program is keeping the disabled employee actively involved in the workplace.(WCxKit)

 

When a worker is injured, the employer must maintain contact with the employee throughout the recovery period so he or she does not become “psychologically disemployed.” The phenomenon of “psychological disemployment” occurs when employees are away from the work environment for an extended period. During this period, employees begin to perceive themselves as having become “distanced” from the company — that is, the same company paying their workers compensation benefits.

 

To gain employees acceptance, transitional work programs must be carried out properly.

 

  1. The company should publicize the program in a positive manner. This requires ensuring employees understand that transitional work programs will keep them productive during their convalescence.

 

  1. A company must apply its return-to-work policy equally to all employees.

 

  1. Employers should schedule weekly meetings with the injured employee throughout the convalescence period. These meetings are a good way to obtain an informal status report concerning the types of physical activities the employee is able to engage in, the treatments the employee’s physician has prescribed or any problems the employee may be encountering.

 

This weekly contact underscores the companys expectation that the employee will return to work in some capacity as an active part of the work force.

 

Weekly progress meetings allow the company to demonstrate its concern about the continued welfare of the employee.

 

  1. Send the employee “Get Well” cards and other remembrances throughout the convalescence.

 

  1. Ensure that the company doctor or physician consultant talks to the injured employees treating physician about initiating a return-to-work plan at the earliest possible juncture during the convalescence.

 

The physician consultant can telephone the treating doctor and discuss the status of an employees convalescence on a doctor-to-doctor basis.

 

Often, treating physicians are more willing to discuss a patients progress with another physician. This allows the physician consultant to discuss the medical aspects of the employees claim, such as the diagnosis, prognosis and treatment plan and then work with the treating physician to establish an estimated return-to-work date.(WCxKit)

 

  1. It is critically important return-to-work programs become part of the corporate culture supported 100% by management. Thus, it becomes part of employees expectations that if they “go out on workers compensation,” they will return to work shortly in some form of transitional work capacity.

 

Transitional duty is the Way to go – how do you sell your employees on the idea? Find out five methods by following #WorkersComp.

 

Author Rebecca Shafer, JD, President of Amaxx Risks 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.  See www.LowerWC.com for more information. Contact:  RShafer@ReduceYourWorkersComp.com or 860-553-6604.
 

WC IQ TEST:  http://www.workerscompkit.com/intro/

WORK COMP CALCULATOR:   http://www.LowerWC.com/calculator.php

MODIFIED DUTY CALCULATOR:   http://www.LowerWC.com/transitional-duty-cost-calculator.php

 

WC GROUP:  http://www.linkedin.com/groups?homeNewMember=&gid=1922050/
SUBSCRIBE: 
Workers Comp Resource Center Newsletter

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.


©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact 
Info@ReduceYourWorkersComp.com.

 

Building Support for Your Workers Comp Transitional Work Program

Although employees in a transitional work program assignment may be less than 100% productive, having an injured employee working part-time in a limited capacity is more cost-effective than having one who does not work at all.

Many companies, however, are reluctant to initiate transitional work programs. Some employers believe worker unions will not accept these programs, or the programs themselves will not be time- or cost-effective.(WCxKit)
 
But evidence proves transitional work programs can be very cost-effective.
 
A well-managed transitional work program can result in a return-to-work rate of up to 90% for injured employees returning to the job within four days following the injury.
 
Significantly shortened workers compensation claims in turn result in lowered indemnity costs as the company’s workers compensation loss experiences shows overall improvement.
 
Convincing Employers
To convince employers of the benefits of transitional work programs, risk managers should point out the key factors supporting their use.
 
First, the risk manager can demonstrate how the company will realize significant financial savings if a return-to-work program is established.
 
An employer can expect an average of 30% in savings for workers compensation costs for a well-managed return-to-work program that includes a transitional work program.
 
To illustrate, consider this example. Suppose for every day an employee is brought back to work in a transitional duty capacity, a company realizes savings of $100 per day. If the employer has 50 workers on lost-time status who return to work in a transitional job assignment capacity one day earlier, the employer would realize savings of $5,000 per day.
 
At a 5% profit margin, the return-to-work program would save the company $100,000. In other words, it would “cost” the company $100,000 to replace the $5,000 on the company’s bottom line if the firm has a 5% profit margin.
 
The risk manager can also point out how transitional work jobs can be as diverse and creative as the employer chooses.
 
For example, employers can establish transitional work programs by gathering work “wish lists” from their managers.
 
These lists could consist of those “to-do” tasks managers would like to accomplish but cannot due to time constraints and other more demanding work priorities.
 
Perhaps one department needs inventory taken, or another department requires a card filing system or someone to answer telephones. Companies can have recuperating employees perform these tasks, thus helping to boost productivity.
 
Companies should also attempt to make transitional work positions creative and productive. For example, by drawing from the “wish list,” employers can develop varied activities, thus keeping a recuperating employee gainfully occupied.
 
Three Types of Transitional Work Programs
Employers can choose from a variety of transitional work programs.
 
A. The first are alternate or light duty programs.
These allow employees to work at less demanding jobs until they are physically able to resume their original work duties. For example, an employee who normally does physically demanding labor could work in a more sedentary capacity, such as answering telephones or taking product inventories.
 
B. The second type of transitional work program is the modified duty program.
Here, injured employees original jobs are modified through engineering alterations of the workstation.
 
Employers use these programs to prevent aggravation of the injury. For example, an employer could install seats with added back supports and foot rests to relieve discomfort for an employee with an injured back.
 
C. “Work hardening” is the third type of transitional work program.
In these programs, employees perform their usual job-related tasks in steps of increasing difficulty until they regain the physical ability needed to perform their original jobs.
 
This allows the injured employee to remain at work, although at reduced hours. Sometimes, employees in a work hardening program will be placed in a simulated off-site work environment.
 
Here, they perform simulated assignments closely approximating the tasks they perform at their real jobs. Many vendors offer these work simulation programs.
 
During the return-to-work process, companies need to consider the employees physical limitations. If injured workers exceed their physical abilities, they may experience a recurrence of the injury causing unnecessary pain and suffering for the employee and needless additional workers compensation costs for their employers.(WCxKit)
 
Also, although employers can use transitional work programs for temporary illnesses and injuries, it is important to remember all absence and disability programs must be integrated with the requirements of the Family and Medical Leave Act and the Americans with Disabilities Act.
 
 

Author Rebecca Shafer, JD, President of Amaxx Risks 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.  See www.LowerWC.com for more information. Contact:  RShafer@ReduceYourWorkersComp.com or 860-553-6604.

 
WORK COMP CALCULATOR:   http://www.LowerWC.com/calculator.php
 
WC GROUP:  http://www.linkedin.com/groups?homeNewMember=&gid=1922050/
SUBSCRIBE: 
Workers Comp Resource Center Newsletter

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.

©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact
Info@ReduceYourWorkersComp.com.

Navigating the Return to Work Maze with Transitional Duty

Many companies use transitional work programs to return temporarily injured employees to the workforce in a limited capacity until they are physically able to resume their original, full-time duties.

 
This is a good idea because the longer an employee is out of work, the less likely they are to return EVER. (WCxKit)
 
No one is suggesting cheating employees out of benefits, rather, keep your company’s financial health and your employees’ mental health in mind.
 
Sitting around on a couch and receiving partial payment really isn’t good for anyone. Most people do better if they have a destination to go to each day.
 
Perhaps one department needs inventory taken, or another department requires a card filing system or someone to answer telephones. Companies can have recuperating employees perform these tasks, thus helping to boost productivity.
 
While employers have traditionally used transitional duty programs only for work injuries, many companies are adopting them for non-occupational injuries as well.
 
If an employee can come back at half-capacity or perform duties related to his or her job, though not the entire job, this benefits both the company and the employee.
 
Transitional work positions can be located in the same or a different department, or even in another company or operating division. Some employees perform transitional work program duties in the community as a volunteer in an employer-sponsored volunteer activity, or in a commercial vocational rehabilitation return-to-work center. In these instances, employers should provide transportation for the employee to the work facility to demonstrate continued involvement and concern for his or her recovery.
 
Forward-thinking companies may use transitional duty for maternity leave, bereavement, mental illness, addiction and some types of sick time. These companies are taking a comprehensive approach to “absence management.”
 
Transitional work programs have the advantage of allowing injured employees to regard themselves as “actively employed” and thus productive and valuable members of the workforce.
 
This is good for your employee.
 
When a worker is injured, the employer must maintain contact with the employee throughout the recovery period so he or she does not become “psychologically disemployed.” The phenomenon of “psychological disemployment” occurs when employees are away from the work environment for an extended period. During this period, employees begin to perceive themselves as having become “distanced” from the company — that is, the same company paying their workers compensation benefits.
 
These programs are also financially beneficial for the company because by keeping the employee at work, the employer realizes significant workers compensation cost reductions.
 
Transitional work programs also help decrease short- and long-term disability insurance or wage continuation costs for non-occupational injuries.
 
And although employees in a transitional work program assignment may be less than 100% productive, having an injured employee working part-time in a limited capacity is more cost-effective than having one who does not work at all.
 
Many companies, however, are reluctant to initiate transitional work programs. Some employers believe worker unions will not accept these programs, or the programs themselves will not be time- or cost-effective.
 
But evidence proves transitional work programs can be very cost-effective.
 
A well-managed transitional work program can result in a return-to-work rate of up to 90% for injured employees returning to the job within four days after the injury.
 
Significantly shortened workers compensation claims in turn result in lowered indemnity costs as the companys workers compensation loss experiences shows overall improvement.
 
Concerns suggest the primary barriers to setting up transitional work programs are attitudinal in nature.(WCxKit)
 
Therefore, to implement successfully transitional work programs, risk managers must help convince their companies, company employees and treating physicians that transitional work programs are beneficial for all concerned.
 
You need transitional work duties available in your workers compensation program. Find out why #WorkersComp.
 

Author Rebecca Shafer, JD, President of Amaxx Risks 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.  See www.LowerWC.com for more information. Contact:  RShafer@ReduceYourWorkersComp.com or 860-553-6604.

 
WORK COMP CALCULATOR:   http://www.LowerWC.com/calculator.php
 
WC GROUP:  http://www.linkedin.com/groups?homeNewMember=&gid=1922050/
SUBSCRIBE: 
Workers Comp Resource Center Newsletter

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.

©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact
Info@ReduceYourWorkersComp.com.

Workers Comp and FMLA: How to Count Time Off Under Family and Medical Leave Act

Q. We have an employee out of work due to a workers’ compensation injury. Does the employee’s time off count against his Family and Medical Leave Act (FMLA) leave?  on-the-job injury or illness qualifies as a serious health condition under the FMLA, the workers’ compensation absence and FMLA leave can run concurrently, assuming that your company has provided the injured worker with the proper notice and designation.

A. Be aware that at some point the employee’s healthcare provider may certify that the employee is able to return to work in a light-duty position. If your company offers the employee light-duty work, the employee does not have to accept the position if he is also eligible for FMLA leave. If the employee declines the light-duty position, the time off from work would represent FMLA leave, and the employee would likely not qualify for workers’ compensation benefit payments during this period.

He will,  however, still be entitled to continue unpaid FMLA leave until he is able to return to the same or equivalent position or has exhausted the 12 weeks of FMLA leave.

Finally,  keep in mind that the injured employee may also be a qualified individual with a disability and have rights under the ADA. 

Guest Author:   Carl Lehmann, JD

Carl Lehmann is a member of Gray Plant Mooty’s Employment Law practice group and is co-chair of the firm’s Higher Education practice team. Carl’s practice includes advising employers in personnel-related matters, including terminations, discrimination and harassment issues, defamation claims, employment and independent contractor agreements, noncompete and confidentiality agreements, wage-hour compliance, voluntary and mandatory affirmative action policies, and insurance issues. Carl’s practice also includes assisting higher education institutions with various legal compliance issues including student disciplinary proceedings, accreditation, tenure and promotion, faculty manuals, Title IV and Title IX compliance, student privacy, and campus security matters. He can be contacted at  Carl.Lehmann@GPMLaw.com

Follow Us On Twitter: www.twitter.com/WorkersCompKit

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workman’s comp issues.
©2009 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com

How to Offer Transitional Duty to Your Injured Employees for Workers Comp

A personal relationship   with your injured employees is critical. You need them to feel both you and the company care about their well-being. Hopefully this is truly the case. If possible include the spouse in the meetings about transitional duty as frequently it is the spouse who want the employee to work transitional duty and it is helpful to have the spouse's support. Now, it must   be said keeping your company afloat with regard to workers' compensation costs hinges on you getting your employee back to work. The offer of   work-arounds or transitional duties for the employee needs to be warm but professional. Consider the following segments in your form letter:

  1. Scope
  2. Work Assignment
  3. Compensation
  4. Periodic Review

With regard  to "scope," be sure to list the following:

  1. Inform the  employee your Transitional Duty Program was established to provide continuous employment for employees who cannot perform all job functions temporarily because of a work-related injury or illness.
  2. Let them know  the goal is to ensure every employee remains an active part of the workforce.
  3. Make it clear  participation in the Transitional Duty Program is a condition of employment.

Next, let them  know the work assignment will make every attempt to be similar to their original job and if they chose not to return to work,  they may be eligible for 12 weeks of unpaid leave under the Family and Medical Leave Act. Employees on  transitional duty should not be eligible for overtime. If possible pay employees full wages when on transitional duty so that they are not losing time from work and not losing pay, so indemnity payments do not have to be made by the insurance company. If transitional duty is unavailable then they will be paid for lost work time in accordance with state law. Periodic reviews: Let employees know transitional duty lasts no longer than 120 day, after that time they may return to their original position. If they are unable to do so, your company offers another position if this is required under the Americans with Disabilities Act. If,  no other position is available, the employee will be separated from the company. (workersxzcompxzkit). Author: Rebecca Shafer, J.D.

Follow Us On Twitter: www.twitter.com/WorkersCompKit WC Best Practices Quick Check: http://www.workerscompkit.com/intro/ Do not use this information without independent verification. All state laws vary.

©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact IInfo@ReduceYourWorkersComp.com

Shoulder injuries in the workplace; Transitional Duty may last longer for shoulder injuries.

Dr. Dave, I know you are commonly asked about shoulder injuries, so please provide us with some information about these injuries.

Dr. Dave says: The shoulder has a larger range of motion than any other joint in the body and as such, is highly susceptible to instability and injury. (There are even wall paintings in Egyptian tombs that show accurate drawings of how to reduce a dislocated shoulder.)

One of the most common shoulder injuries we see in the workplace is the rotator cuff tear. The rotator cuff is a group of 4 muscles that are attached to the shoulder blade and the upper humerus. Tears in the tendons are called rotator cuff tears.

The first key point is that there is a typical sequence of injuries leading up to a tear. Tendonitis is the mildest form. This can progress to bursitis, which can ultimately lead to a tear, which often requires surgery. This happens more easily with age and degenerative arthritis, often by bone spurs rubbing on the tendons.

The second key point is recognizing that rehabilitating a shoulder after surgery takes considerably longer than most people realize. This often takes up to six months and sometimes longer before regaining normal function. So don’t be too impatient and order an IME every 4 or 5 weeks or assume a worker is not trying hard enough to get better because normal function does not return as quickly as everyone would like.

So, find a transitional duty assignment to accommodate the injured employee while they are recuperating — which could be a little longer than you expected.

For more cost-saving tips go to WC Cost Reduction Tips.

Show the REAL cost of workers’ comp with the Real Cost Calculator.

Workers’ Comp Kit® is a web-based online Assessment, Benchmarking and Cost Containment system for employers. It provides all the materials needed to reduce your costs significantly in 85% less time than if you designed a program from scratch.

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.

©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com

Professional Development Resource

Learn How to Reduce Workers Comp Costs 20% to 50%"Workers Compensation Management Program: Reduce Costs 20% to 50%"
Lower your workers compensation expense by using the
guidebook from Advisen and the Workers Comp Resource Center.
Perfect for promotional distribution by brokers and agents!
Learn More

Please don't print this Website

Unnecessary printing not only means unnecessary cost of paper and inks, but also avoidable environmental impact on producing and shipping these supplies. Reducing printing can make a small but a significant impact.

Instead use the PDF download option, provided on the page you tried to print.

Powered by "Unprintable Blog" for Wordpress - www.greencp.de