A Return-to-Work Program Can Ease the Sting of Worker Compensation

Rob O'Regan -- Expert Business Source, 4/18/2007 8:09:00 AM

Worker compensation costs are rising, putting small business owners in a pinch. There are plenty of guidelines available for keeping your costs in check, but one of the most important tips is also one of the most practical: getting injured employees back to work as quickly as possible.

“The prime aim of a compensation system is to help workers recover from work-related accidents and return to the workplace,” says Claire Wilkinson, vice president of global issues at the Insurance Information Institute in New York. “Our research suggests a fast return is beneficial the employer, the insurer – and the worker too. Many studies show that most people want to return to being productive as quickly as possible.”

Here are four suggestions for implementing an effective return-to-work program.

• Move quickly. Facilitating the most effective medical care to policyholders as soon as possible not only addresses their physical ailment, it can also reduce the emotional stress that may follow an accident. Employers also should work with their insurance provider to file a notice of injury to the proper state agency as quickly as possible. “Anything that can be done to accelerate the claims process at that stage can reduce both employer and worker anxiety,” says Wilkinson.

• Improve communications – before and after an accident. Employees who understand worker compensation policies are less likely to be caught off guard by the scope of the coverage they receive after an accident. Business owners who take the time to clearly explain the process to employees may avoid litigation down the road.

• Stay positive. Injured workers want to know that their employers support them. “When injured workers are off work, they still want to feel like they’re a part of the team,” says Wilkinson. Maintaining contact and offering encouragement may increase a worker’s desire to return to the job as quickly as possible.

• Assign alternate duties. Employees may not be able to resume the full scope of their duties, but you can put them to work on other tasks or on a part-time basis. “Insurers play a role in helping employers gauge worker’s needs and capabilities,” says Wilkinson. “That kind of assessment is a very crucial aspect of successful return-to-work programs.”

BuyerZone.com offers additional tips for controlling worker compensation costs. In addition, the U.S. Equal Employment Opportunity Commission offers guidance on ensuring that worker compensation policies adhere to the Americans with Disabilities Act, with a section devoted to return-to-work plans. Here are four outtakes:

• Determination of return-to-work status. The employer is responsible for deciding whether an employee with a disability-related occupational injury is ready to return to work, based on whether the employee can perform the essential functions of the job (with or without reasonable accommodation). The employer may find it helpful to seek information from the rehabilitation counselor, physician, or other specialist regarding the employee’s specific functional limitations, abilities and possible reasonable accommodations.

• Reasonable accommodations. The ADA requires that an employer make reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability. The ADA does not, however, require an employer to provide a reasonable accommodation for an employee with an occupational injury who does not have a disability as defined by the ADA.

• Reinstatement rights. An employee with a disability-related occupational injury is entitled to return to his/her same position unless the employer demonstrates that holding open the position would impose an undue hardship.

• Reassigning duties. An employer may not unilaterally reassign an employee with a disability-related occupational injury to a different position without first trying to accommodate the employee in the position he or she held at the time the injury occurred. An employer must assess whether the employee can perform the essential functions of his/her original position, with or without a reasonable accommodation (such as a job restructuring, modification of equipment, or a part-time work schedule).

Rob O’Regan is a freelance writer in Londonderry, N.H.