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.

National Return to Work Week - Part 2

The first group of webinar sessions for National Return to Work Week were a great introduction into the why a company should make the effort, perhaps even amid lay-offs, to returning an employee to some sort of productive work.

Annually, 1.1 million employees lose and average of 7 days due to their work injury. When looking at the significant costs of those injuries, one finds that according to the National Safety Council's Accident Facts ® injuries cost US employers $160.4 billion each year in medical and other direct costs, lost productivity and wages. This expense does not count the additional expenses related to adding to the social security systems.

Now not all injuries are workplace injuries. A return to work program can also be effective to keep short-term and long-term disability claims down. Disabling injuries happen off the job as well as on the job. Every 1.3 seconds someone suffers a disabling injury. That's 63,000 people total people injured daily. Almost half of the 6.8 million people who collect Social Security benefits are under the age of 50.

In the current economic downturn both company employers and the insurance industry are showing huge losses. These staggering statistics make an excellent case for an effective return to work programs for employees injured both on and off the job. The new amendments to the ADA and updates to the FMLA that went into effect this year may also substantially affect companies who do not have a progressive return to work program.

Allowing or forcing an employee to stay at home rather than working a modified duty does nothing more than create an end settlement that does one of two things:

1. Either it rewards those workers who have a tendency to play the system, encouraging them to repeat the actions at their next job.

2. For those workers with a legitimate injury the settlement is rarely enough to survive on, thus creating an additional burden to society though welfare and social security systems.
   

An employer must effectively manage the workers compensation process from the date of injury through return to work or settlement. The insurance adjuster is not the employer. The employer has a far better handle on the issues related to the injury. However, a well managed return to work program doesn't have to be a daunting task, as Dennis Chandler – Director of Return to Work Programs with Company Nurse shows.

Attorney Michael Moebes, who has the unique position to have worked on both the employer and worker sides of the workers compensation issues, discussed the mistakes employers make. Attorney Moebes also talked about the current economy and the success of return to work programs.

To learn more a, please review yesterday's webinars and sign up for others happening this week. The webinars will be stored and the recording available for you to watch on-demand.

http://nationalreturntoworkweek.org/register-for-national-return-to-work-week-sessions/

National Return to Work Week – Part 1

May 10 – 16th is National Return to Work Week. This week is an opportunity for safety professionals and others involved in workers compensation and disability management to demonstrate their commitment to helping injured, disabled or ill employees stay-at-work or return-to-work. By doing so, one of the largest business expenses for a company can also be significantly lowered.

Annually 1.2 million employees loose work days due to workplace injury or illness. Unfortunately once an employee is injured, too many employers feel that person has become a liability. Often the company does not offer light duty, or only for a very short time. When that happens the employee is forced onto workers compensation. Often times the employee is also laid off.

Statistics have shown that 40% of the employees who are off work for over 12 weeks (FMLA time) have serious trouble finding other work. If an employee is out for more than sixteen weeks, there is a good chance that individual will never return to employment. Even if an employee finds a job, it is frequently at a much lower position than held previous to the injury or illness. Employees begin to lose contact with fellow workers and feel shut out.

Unless returned to work as soon as possible, some employees begin to feel that that a workers compensation benefit is better than looking for another job. Workers compensation essentially “rewards” employees for not working. An employee sitting at home is exposed to advertisements from lawyers offering to help them continue to collect workers compensation. This begins to look good as a way to get even with the employer that seemed to discard them as easily as yesterdays trash.

Unfortunately in this system, both employers and injured employees lose. Beyond the initial injury, employees may suffer depression Entire whole families may suffer emotionally and financially if the major bread-winner is injured and off work for any length of time.

The longer an employee is off work, the more expensive a workers compensation (or long-term disability) case becomes. Insurance rates or direct expenses skyrocket. Employers may set themselves up for additional discrimination claims and expensive settlements. Employers lose employee loyalty, and may have under-reporting issues especially if the employee feel their jobs are likely to be lost if they claim a workers compensation injury.

This week's blog will continue the theme of establishing an effective return to work program.

Links:

National Return To Work Week was founded by Margaret Spence, CWC, RMPE - President of Douglas Claims & Risk Consultants, Inc. author of “From Workers’ Comp Claimant to Valued Employee - Employer’s Guide to Implementing a Proactive Return to Work Program - Florida Edition”. - http://margaretspence.com/

National Return to Work Week - http://NationalReturnToWorkWeek.org/.

Free webcasts as part of NRTWW - http://nationalreturntoworkweek.org/register-for-national-return-to-work-week-sessions/.

More about Margaret Spence - http://workcompseminars.com/about/about-margaret-spence/