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TIPS FOR A SUCCESSFUL RETURN-TO-WORK PROGRAM

Did you know that an injured worker who remains off the job for more than six months has only a 25 percent chance of ever returning to work? Getting workers back on the job as quickly as medically feasible makes them less likely to become a long-term disability statistic ... and saves you money.

A return-to-work program can reduce lost-time payments, along with indirect costs of a disability, such as lost productivity, overtime, job retraining and hiring replacements. Experts estimate indirect expenses can cost up to five times more than an injured employee's benefits.

Early return-to-work programs can include modified-duty jobs, on-site rehabilitation and full-time pay incentives to stimulate worker recovery and return. Injured workers need not be 100 percent healed to return to work, as long as they are supervised by a practical medical and rehabilitation plan.

Beware the Pitfalls

To avoid legal problems, we recommend your return-to-work program include the following:

1. Written guidelines. Your guidelines should state who is eligible for early return-to-work (i.e., workers expected to make a full recovery or to need only "reasonable accommodations"). Having written guidelines that reflect current workers' compensation and employment law and applying them consistently can help you avoid discrimination lawsuits.

2. Job descriptions for every employee. Often an injured employee can return to his/her usual job with modifications. A job description identifies the essential tasks of the job and helps you and the employee's physician determine whether return-to-work is possible.

3. A catalog of light-duty jobs. A "busy work" job is of no value to the company or the employee. Having a list of temporary jobs that could be performed by workers with a variety of injuries can give injured workers productive work and avoid wasting money.

4. Training. Employees returning to modified or light-duty work will likely need training on new equipment or procedures. Training helps ensure they know how to do their job without aggravating their injury.

5. Evaluation. Regularly evaluate employees in modified-duty or light-duty jobs. Is the job appropriate for their level of disability? Are they ready to return to their regular occupation? Do they need further modifications?

6. Termination. The goal of a return-to-work program is to return employees to their regular job. If it becomes clear a worker's disability precludes this, you need to ensure your termination procedures comply with discrimination and other employment laws.

7. Updating. Regularly review your policies and procedures to ensure they comply with state workers' compensation and employment laws, and federal laws such as the ADAAA and FMLA. **

For assistance in setting up an early return-to-work program or other workers' compensation questions, please call the PCOC Insurance Program department at Jenkins Insurance Services at (800) 234-6363.

** Federal and state employment laws may affect your return-to-work program. Federal laws include the Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA), which increased protections for disabled workers to include workers with a perceived disability.

The Family Medical Leave Act (FMLA) requires employers of 50 or more employees to give up to 12 weeks of unpaid, job-protected leave to eligible employees for the birth or adoption of a child or for the serious illness of the employee or a spouse, child or parent. If the FMLA applies, you should coordinate any leave available under the FMLA with disability leave. The FMLA does not require employees to be paid during leave; however, an employee may opt to take up to 12 weeks of unpaid leave due to disability.

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