National Return to Work Week Part 4 – The Injured Worker

Yesterday's series of webcasts dealt with return to work from the injured worker's perspective. When a worker becomes injured they may be pulled in multiple directions:

• The employer wants them back at work as soon as possible, and may have a different idea of asap than the injured worker's doctor.

• Family members wonder what will happen now that a bread winner is injured. They may be the one who pushes for a lawyer.

• Supervisors can make or break a safety/WC comp program. If the injured employee doesn't like working for a specific supervisor, they will be far more reluctant to return to that department.

• Coworkers can become irritated with an employee because they are now doing extra work.

• The employer can also bring in their 'experience' with similar injuries. Employers tend to be motivated to recover due to the fact they own the business and can't afford to take off. Employees do not have the same motivation.
  

If we as WC professionals have trouble understanding the laws, how much tougher would it be for the injured worker?

This general lack of understanding the process breeds suspicion. When an employer has no, or very limited light duty, and mandates the employee must be 100% recovered to return, the suspicion on the workers part becomes greater as they feel the employer is trying to get rid of them. If the worker doesn't recover as quickly as the employer expects it also breeds the suspicion the employee is malingering. The result is there is now suspicion on both sides that the other party isn't doing their part.

The workers compensation process is made yet tougher with the physician process. Depending on the state, workers may have an unfamiliar doctor chosen for them. Depending on the work load, the doctor may not give the worker much time in diagnosing the injury. The doctor says they can go back to work with certain restrictions. However, the doctor may not have been given a list of essential duties of the job, thus may not fully understand how the job tasks can effect the injury. This breeds suspicion that the doctor is on the employers side, and just pushing them back to work.

The employer may offer light duty, without fully understanding the restrictions. The light duty may require the injured worker to do something that is against the restrictions. When the employee refuses, it just reinforces the suspicion that the employee is malingering and playing the system.

The workers compensation provider also adds to the misunderstanding and suspicion. Tests, and procedures may take weeks to get approved. Both sides are now unhappy with the delays and may blame the “other side”.

All sides agree that the workers compensation system is not user friendly. Employers and Insurers may wrongly deny benefits causing yet more delays in treatment. The system encourages both parties to settle thus disposing of the 'problems' as quickly as possible. The system rewards those that play the system by essentially offering them money to settle and go away. For those that truly are injured to the point of not being able to work, the system can just get more confusing when they apply for Social Security Disability Insurance.

How do you cut through all of this misunderstanding, suspicion, and get the employee back to work as soon as reasonably possible? Check out the webcasts (available on demand) to find out more. Here: Nation Return to Work Week - Free Webcasts.