Historically, the workers’ compensation laws have not adequately supported the return to work process – it is much easier to offer injured employees a settlement than it is to provide them with the opportunity to return to gainful employment. The only problem with this scenario – the next employee you hire could be someone else’s settlement.

The Key Reason Why Employers Do Not Make a Valliant Effort to Retain Injured Employees.

Fear. Fear of re-injury, fear of litigation or just fear of workers’ compensation. All too often, an injured worker is not put back into the workforce for one of three reasons. First, employers do not feel that they can offer the employee a limited but meaningful job. Or second, they worry that the recovering employee, who is not up to “full speed”, many re-injure themselves and create additional injury claims. Third, the employer lacks the resources and knowledge to systematically manage injuries. And there is…

The Negative Side of Injury Management

I have heard countless stores from employers recanting the horrible experiences they have had as they attempted to bring injured employees back to work. As an adjuster, I witnessed the frustration and surrender that occurs when injured employees manipulate the workers’ comp system – I have vivid memories of injured employees driving me and their employers over the edge and to the settlement table.

Litigation and manipulation reinforce employers’ reluctance to bring injured employees back to work. Most employers do not want to deal with the attitude problems, productivity issues and the morale drain that can occur when injured employees do not want to be at work.

So, we don’t want to deal with them – but what do we do instead? We throw money at a bad problem – envision your two year old toddler having a temper tantrum and you take him to Disney to shut him up. The next time he throws a tantrum you will be headed up the Turnpike to make his yelling go away – this is what we, (employers and adjusters) do to create professional workers’ comp claimants. We reward bad behavior with money.

Is There a Better Way?

The answer in a nutshell is, yes. The primary reason why injured employees manipulate the workers’ compensation system – we allow them and then for bad behavior we reward them with settlement dollars. The answer to getting injured employees back to work starts before you hire them and definitely before they are injured.

If I walk into your company today to apply for a job – Is your return to work policy visible?

After I am hired, how do you relay your return to work expectations?

Is workers’ compensation an integral part of your Retention Policy or Strategy?

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.

There are twelve key components of an effective injury management program and they include:

• Your injury notification policy.
• Medical Authorization Policy.

and your return to work policy. It’s not enough to say we offer light duty – you have to have all of the components established before employees are injured.

Why is this important?

If you don’t establish clear injury management policies and procedures you could end up in the same boat United Parcel Service(UPS) finds itself in. What’s going on at UPS? They are in the middle of a class action lawsuit for allegedly violating the Americans with Disabilities Act. What does workers’ compensation return to work have to do with ADA? According to the Plaintiff attorney UPS did not bring injured employees back to work nor did they have a cohesive return to work policy that addressed the employee’s disability.

Can you identify a qualifying workers’ compensation disability? And do you know what you should do with the injured employee if there is ADA exposure?

Do you understand the enhanced ADA exposure created in Florida?

Can you easily identify the marginal and essential functions for all positions in your organization?

Your ability to provide definitive answers to these questions is essential, before you can establish a compliant return to work program. Again it’s not enough to say come back to work!

What Contributes to Injured Employee Remaining off work?

A lack of clear policies with specific procedures that can be applied immediately after the injury that will result a positive return to work experience. An effective injury management program starts before the injury happens, not on the day the employee files the Notice of Injury Form.

Can Injured Employees Return to Work Successfully? Yes, if you implement appropriate polices that establish your return to work expectations on day one.

If you are struggling to manage injured employees join our Monday Morning Workers’ Comp Survival Series Teleconference its Free! -Register Now!...

or Purchase a Copy of From Workers’ Comp Claimant to Valued Employee – Employer’s Guide to Implementing a Proactive Return to Work Program – Read More…