Your Return-to-Work Questions Answered

Studies show that when workers do not return to work in a timely manner following an injury, they become increasingly unlikely to return later. To mitigate this potential outcome, it is important to design an effective return-to-work program that addresses the physical and emotional needs of the injured worker.

Safety National’s Senior Claims Manager, Dan Clayton, and Risk Control Product Manager, Erin Grzesiowski, break down some of our most frequently asked questions around return-to-work programs.

How can employers address potential risks of reinjuries when an employee returns to work?

When returning to light duty or alternate work, there is always a risk of subsequent compensable consequence injuries, but it is important to think beyond the hypotheticals. Consider instead the statistics on motivation- and morale-deteriorating elements from an injured worker sitting at home instead of working. Focus on the right light-duty job within physician restrictions and how you will accomplish that together. The cost of foregoing light-duty opportunities typically outweighs the risk as long as the new position has been structured correctly.

Can the employee refuse the light-duty role if it is outsourced, like work offered at a non-profit for transitional job placement?

Yes, the employee has the right to refuse work that is offered to them. However, depending on the jurisdiction there will be potential implications or consequences. In many states, if an injured worker declines a light-duty job that matches the physician’s restrictions, and the employer has listed a set date and all details of the expectations, the employer can end lost wages. This can be a strong motivator for the employee to take the light-duty offer.

Workers’ compensation advocates can be immensely helpful for employment concerns, but should all claim-related questions be redirected to a claims adjuster?

This really depends on the makeup of the employee base and the claims experience of the workers’ compensation employee advocate. While they may not know the ins and outs of claims, they should understand jurisdictional differences and employee wages, and be able to provide answers to employee questions when a claims adjuster is working with a large volume of claims. However, having active communications with the claims adjuster for more specific claim questions is always helpful.

Should employers have a return-to-work program policy in place prior to testing it with injured employees returning to work?

Yes, absolutely formalize a policy before bringing employees back to work. Employers should ensure that work is assigned consistently, so that no employee is shown preferential treatment.

How might employers approach modified duty requirements that are extremely restricted, such as lifting less than five pounds, taking breaks every 10 minutes, not driving, and working no more than four hours? 

It really depends on the industry, but if an injured worker cannot perform meaningful work and the employer cannot accommodate those needs, then the employee might be a better candidate for transitional work. There may be work at a nonprofit available to get the injured worker back into a routine.

How long should an employer hold a position open when a person is recovering for an extensive amount of time?

Depending on the accommodations they can provide, it is entirely up to the employer whether to retain that injured employee. However, that employee may be a very strong contributor to their workforce, and the employer may be more motivated to keep the injured worker in that position. If the role is filled to meet business needs, it is important to identify a job that will be available for the injured worker if they return. If a change is being considered for an injured worker’s employment status, it is important to discuss the implications and costs involved with your claims handler and/or defense attorney prior to making a final decision.

What is the recommended timeframe to offer modified duty?

There is no requirement, typical law, or statute of limitations in a state that clarifies a cutoff period for modified duty roles. The focus should be on what the employer is able to accommodate and still meet their business needs.

What if the injured worker files a claim that they were injured at the alternative work position?

Due diligence is critical to verifying what happened. Perform the standard steps that would occur on a claim if it happened with the employer. If it would be a compensable claim at the employer, it is likely a compensable claim at the alternative position because the employee was technically still working for and being paid by the employer.