WORKERS’
COMPENSATION
CLAIM SERIES
SESSION 2
Return to Work, The Purpose and Benefits of Developing a Return to Work Program
Speakers
Miriam Szczepanek, Claim Team Leader,
Radnor, PA Paul Fires, Esq.
Partner, Weber Gallagher Simpson Stapleton Fires & Newby
Bruce Dortort,
Vice President, Risk Control Services
Dorien Smithson, EVP Strategic Outcomes
Practice, Willis NA Jeff Seibert, National Technical Director, Casualty Claims
Agenda
Session 2
• Return to Work Defined
• Why Have a Return to Work Program • Developing a Return to Work Program • Job Safety Analysis
• Legal Perspective
Return to Work
Reasons for a Program & Developing a Program
Miriam Szczepanek- Claim Team Leader, Strategic Outcomes Practice, Willis North America
Return to Work (RTW)
-Defined
• Injured workers back quickly and safely
• Ultimate goal- return person to full-time position
• Also known as:
• light duty
• modified duty • transitional duty
Why Have a RTW
Program?
• 3 million U.S workers absent each year (BLS 2007)
• The longer one is off, the less likely they’ll return • After 24 weeks, estimated 50% will return to work • After 2 years - virtually no chance (Cheadle 1994)
Benefits to Employer
• Controls direct and indirect claims costs • Reduces production downtime
• Reduces need to train replacement workers • Increases morale and improves operations • Reduces workers compensation fraud and
litigation
• Maintains the skill sets of valuable,
Benefits to Employee
• Expedites recovery
• Focus on abilities, not disabilities • Supports a sense of self-worth
• Maintains necessary job skills • Continues salary and/or benefits • Maintains social contact
Potential Obstacles To a
Return Work Program
• Lack of understanding/communication
• Lack of support from Senior management
• Internal policies and procedures
• Supervisor resistance
• Lack of available jobs
• Employee expectations
• Labor contracts/Union
• Lack of doctor cooperation
Developing a RTW
Program
Six Steps to Developing an Effective RTW program
1. Establish management support and direction 2. Select a workplace RTW Coordinator
3. Develop RTW policies and procedures 4. Analyze job tasks and physical demands 5. Maximize impact of RTW options
6. Create awareness, provide training and encourage communications
Step 1
Establish Management Support
and Direction
• Direct relationship between senior management’s
commitment and a successful program
• Commitment Means:
• Building a RTW culture- emphasizing early positive supervisory response and communications
• Supporting joint labor/management involvement in the program
• Creating a RTW Coordinator role
• Identifying RTW options
Step 2
Selecting a Workplace Coordinator
• Selecting the right person is critical
• Existing employee or newly created position • Characteristics:
• Objective and has the respect of both union and management • Familiar with different jobs within the workplace
• Able to coordinate RTW activities
• Work in a collaborative manner with all stakeholders • Authority to enforce “policy”
Step 3
Develop Policies and Procedures
• Provides guidance
• Facilitates fair and consistent treatment of all employees
• Promotes the program
• Reflects the approach to an early and safe RTW
• Comprehensive manual that addresses:
• Policy statement
• Goals and objectives
• Roles and responsibilities
• Program administration details/procedures
• Forms and other tools to manage the process (e.g. early
contact while disabled, alternative duty offer, progressive resumption of full job responsibilities, supervisor
Analyze Job Tasks &
Physical Demands
(Job Safety Analysis)
Bruce Dortort –Vice President, Risk Control
Step 4
Analyze Job Tasks and Physical
Demands
• A physical demand job analysis is critical • Why conduct a job safety analysis
Ø Critical to developing appropriate RTW and “Wish List” options
Ø Examines employee’s current job, confirming physical job requirements
Ø Determines whether a transitional job is appropriate
Ø Allows for safety reviews of workstation and techniques prior to an injury
Job Safety Analysis (JSA)
What is it?
• Procedure that integrates safety and health
principles into a particular operation
• Examines basic steps of the job to identify
potential hazards and determine the safest way to do the job
• Effective JSA helps employer recognize and
control hazards and exposures in the workplace
Benefits of a JSA
• Prioritizes jobs that need immediate attention
to correct hazards (frequency, severity and/or probability)
• Enhances and standardizes operating
procedures
• Determines appropriate PPE measures and
comply with OSHA’s PPE assessment standards
Benefits of a JSA
• Reduces potential injury and illness:
Ø From “recognized” hazards
Ø From previously “unrecognized” hazards Ø To others in the area
• Examines Activities and Behavior in addition to physical conditions
Benefits of a JSA
• Breaks down job into tasks - to develop or
enhance employee training
• Develop job descriptions
• Develop physical capacity requirements of
jobs
• Assist treating physicians in early RTW
Step 5
Maximize Impact of RTW Options
• Primary goal: return the employee to pre-injury
position
• Points to consider when evaluating alternative
jobs:
Ø Job duties assigned must be productive and meaningful Ø Placement should be transitional toward a full return to
pre-injury job whenever possible
Ø Emphasize the employee’s capabilities rather than limitations Ø Limited length of time
Step 6
Awareness, Training and
Communication
• Ensures employees know about program and how it can
help them if injured
• Training informs coworkers and supervisors about the
importance of injured employees returning to work
• Topics covered in training:
Ø The impact of accidents Ø Benefits of RTW program Ø Roles and responsibilities
Ø Assistance the employee can expect Ø Name of RTW contact person
Communication
• Communication- essential to successful RTW program • Knowledge and training does not end in the training
room
• Communicating successes and listening to feedback
• Accommodating injured workers has positive impact on:
• Morale • Recovery • Productivity
• Costs associated with paid time off • Everyone wins!
Legal Strategies for a
Results-Oriented RTW Program
Paul Fires, Esq.- Workers Compensation Attorney, Weber Gallagher Simpson Stapleton Fires & Newby, Philadelphia, PA
Know Your Doctor
IME/DME physician vs. treating physician
Ø Who can be relied on to provide consistent
testimony
Ø What is the doctor’s reputation among
workers’ compensation judges
Ø Can the doctor withstand cross-examination
IME vs. Treating
Know your HR Department
• Does the author of a RTW letter have first-hand
knowledge of the job being offered?
• Can the author of the letter testify well and reliably?
• Can other employees rebut information in the job offer
letter?
• Does the employee have sufficient time to check with his
or her doctor before accepting the job?
Enhancing Employer
Credibility
• Offer meaningful work
• Interact with injured worker and monitor progress • Increase/decrease job duties as required
• Approach their pre-injury wage if possible, consistent
with your business practices
• Allow eventual transition to regular duty work and
Risks of RTW Programs
• Inefficiencies in operation of business
• Lowering employee work ethic and morale via
“Easier” Jobs
• “Copycat” injuries for easier work • Union complications
Benefits of RTW Programs
• Substantially lower workers’ compensation indemnity costs
• Likely reduced workers’ compensation medical costs
• Undermining of the “Disability Lifestyle”
• Empowerment of the employee
• Possibility of reduced employee psychological compromise
• Relationship building with injured worker
• Relationship building with workforce
• Completion of meaningful work others cannot get to
• Assist with ADA requirements, when reasonable accommodation required
Thank you for attending the webinar.
If you have questions or would like additional information please contact your Willis Client Advocate or your Willis Claim/Risk Control Consultant.
