Dear Injured Employee: We would like you to return to work tomorrow!
Margaret Spence, CWC, RMPE
May 28, 2008
Can Injured Employees Return to Work Successfully?
Several months ago, I received a phone call from an employer who was frustrated that an employee was awarded $5500 by her insurance carrier, for lost wages, because the company could not produce documentation to prove that the employee refused to accept a light duty position. When I questioned the employer regarding their return to work program, the employer told me that she called the employee several times to tell him to "come back to work" and they would "find something" for him to do. I asked her to identify the light duty position and she could not – she insisted that she would find him something to keep him busy.
In this instance, the employer could not prove she made a valiant effort to bring the employee back to work. She had no written documentation to prove that she made the job offer. She could not readily identify the light-duty position nor could she prove that she had a job available that would accommodate the employee´s restrictions.
Without a clear return to work policy, good documentation and written communication with your injured employees, you are setting your program up for failure. Your companies return to work program should not be a secret. Every employee who works for your company should understand the policies and procedures that must be followed if they are injured on the job. Your return to work policy should be a clear, concise set of rules that must be followed by the injured employee until the workers´ compensation claim is closed.
If I walk into your company today to apply for a job:
Is your return to work policy visible?
If I sustain an injury:
Did you relay your return to work expectations immediately?
Most employers are passively expecting their employees to return to work without effectively communicating their return to work policy.
What are the Essential Components of a Successful Return-to-Work Program?
An effective injury management program starts before the injury happens, not on the day the employee files the First Report of Injury or Illness. Many companies have return-to-work programs but few realize the full benefits of the program, because they omit or overlook key elements of the process. Before the injury you should:
One of the complaints I hear from employers is, "I tried to bring the employee back to work but they complained the whole time they were here. Finally, in frustration we let the employee go home and they never returned to work." The question asked by most employers is, how do I avoid this scenario?
To eliminate or reduce the employee´s ability to manipulate the return to work process, you should implement the following post accident procedures:
Conclusion – Injured Employee´s Can Return to Work Successfully!
Workers' compensation return to work programs, have to be an integral part of your retention policy or strategy. Your employees—are your most valued asset even if they have an occupational injury. If employees are your most valued asset, then you should recognize the importance of implementing a comprehensive return-to-work program. Your obligation as the employer does not end when the injury begins. Returning an employee to work is an investment in your company, and it shows that you still value your employees after they are injured.
The answer to getting injured employees back to work starts before you hire them and definitely before they are injured. Having well defined return to work policies and procedures that can be implemented immediate will insure that the employee returns to work - successfully.
Several months ago, I received a phone call from an employer who was frustrated that an employee was awarded $5500 by her insurance carrier, for lost wages, because the company could not produce documentation to prove that the employee refused to accept a light duty position. When I questioned the employer regarding their return to work program, the employer told me that she called the employee several times to tell him to "come back to work" and they would "find something" for him to do. I asked her to identify the light duty position and she could not – she insisted that she would find him something to keep him busy.
In this instance, the employer could not prove she made a valiant effort to bring the employee back to work. She had no written documentation to prove that she made the job offer. She could not readily identify the light-duty position nor could she prove that she had a job available that would accommodate the employee´s restrictions.
Without a clear return to work policy, good documentation and written communication with your injured employees, you are setting your program up for failure. Your companies return to work program should not be a secret. Every employee who works for your company should understand the policies and procedures that must be followed if they are injured on the job. Your return to work policy should be a clear, concise set of rules that must be followed by the injured employee until the workers´ compensation claim is closed.
If I walk into your company today to apply for a job:
Is your return to work policy visible?
If I sustain an injury:
Did you relay your return to work expectations immediately?
Most employers are passively expecting their employees to return to work without effectively communicating their return to work policy.
What are the Essential Components of a Successful Return-to-Work Program?
An effective injury management program starts before the injury happens, not on the day the employee files the First Report of Injury or Illness. Many companies have return-to-work programs but few realize the full benefits of the program, because they omit or overlook key elements of the process. Before the injury you should:
- Create a written return-to-work policy.
- Review the policy with new employees during their new-hire orientation or with existing employees during their annual review.
- Write a detailed job demand evaluation that identifies the specific tasks and physical demands associated with each job within the company.
- Create a detailed job description for every position – this is not the job description used to advertise the position in the newspaper. It is an evaluation of the job demands, tasks, essential and marginal functions of the job.
- Establish a working relationship with a walk-in clinic or occupational medical center – if you are State allows you to select the initial treating facility.
- Assign a specific person in your organization that will be responsible for administering the return-to-work program. This person should have a thorough knowledge of the Americans with Disabilities Act (ADA), the Family Medical Leave Act (FMLA) and the Workers´ Compensation Statutes.
One of the complaints I hear from employers is, "I tried to bring the employee back to work but they complained the whole time they were here. Finally, in frustration we let the employee go home and they never returned to work." The question asked by most employers is, how do I avoid this scenario?
To eliminate or reduce the employee´s ability to manipulate the return to work process, you should implement the following post accident procedures:
- Identify tasks that can be grouped together to accommodate the injured employee´s restrictions. Focus on matching the employee´s ability to do the job versus focusing on what they cannot do.
- Send a copy of the proposed modified-duty job description to the treating physician, and ask him or her to approve the position. You are asking the physician to acknowledge that the employee can complete the tasks based on the restrictions imposed. This avoids the "I´m in too much pain to do this job" scenario.
- Notify the injured employee by phone and in writing that you can accommodate their restriction. Ask them to come back to work.
- When the employee returns to work review the position and inform the employee that the treating physician confirmed their ability to perform the modified tasks.
- Educate your supervisors so they can effectively manage the injured employee.
- Communicate the job offer to your insurance carrier.
- Continue to monitor the employee until they are released to work full-duty or until they are at Maximum Medical Improvement. Review the final work status and any permanent restriction in compliance with the provisions set forth in the Americans with Disabilities Act (ADA).
Conclusion – Injured Employee´s Can Return to Work Successfully!
Workers' compensation return to work programs, have to be an integral part of your retention policy or strategy. Your employees—are your most valued asset even if they have an occupational injury. If employees are your most valued asset, then you should recognize the importance of implementing a comprehensive return-to-work program. Your obligation as the employer does not end when the injury begins. Returning an employee to work is an investment in your company, and it shows that you still value your employees after they are injured.
The answer to getting injured employees back to work starts before you hire them and definitely before they are injured. Having well defined return to work policies and procedures that can be implemented immediate will insure that the employee returns to work - successfully.
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