Procedure 18 – Return to Work Program

1.0 PURPOSE
To contribute to the medical recovery of injured workers by providing meaningful work activity that has been approved by their physician.

2.0 RESPONSIBILITY
It is the responsibility of the job superintendent and Corporate Safety Director to implement the requirements of this procedure.

3.0 REFERENCES
N/A

4.0 PROCEDURE
4.1 As part of the Return to Work program, modified duty shall be offered to an injured employee if work is available and is within the employee’s medical restrictions.
4.1.1 Modified duty is intended to be temporary and transitional.
4.1.2 Modified duty may continue until the maximum medical improvement (MMI) is reached or until the worker gets a full-duty release from the physician or until project work ends (i.e., lack of work).
4.2 Identify modified or transitional duties before an injury occur:
4.2.1 Develop a list of job tasks that might be available throughout the company for injured workers.
4.2.2 Consider special projects that need to be done or tasks that would free other employees to do their jobs more efficiently (i.e., files that need to be set up, a work area to be cleaned, follow-up calls that need to be made, errands to be run).
4.2.3 Consider tasks that are completed only on an occasional basis (i.e., inventory or assembling promotional materials).
4.2.4 Consider staff that could benefit from temporary assistance.
4.2.5 Ensure the list of modified duty tasks match the type of injuries and physical restrictions that will most likely be encountered.
4.3 Communicating with the Physician
4.3.1 When an injured worker is not released to return to work on a timely basis, it may be because the physician does not understand how the job can be modified to accommodate the employee’s temporary limitations.
4.3.2 Clear communication is always essential if the employee is to return to productive work in the shortest possible time.
4.3.3 The Superintendent shall instruct the employee to obtain medical care only from a doctor listed on the posted panel of physicians or designated facility and accompany the injured employee to the physician’s office.

4.3.4 The Superintendent needs to get the following information from the Physician:
4.3.4.1 Physical and mental limitations, capabilities.
4.3.4.2 Written release to work, full or partial capability. Explain employee’s duties and job functions, discuss light/restricted duty possibilities.
4.1.8.3 Medication and future treatment required for a full recovery.
4.1.8.4 Gain an understanding of diagnosis and treatment strategy.
4.1.8.5 Follow-up with the employee to assure that prescribed medical treatments, appointments, prescriptions, etc. are being utilized
4.3.5 The Letter to the Treating Physician (NCS Form 009) is the best way to begin contact with the employee’s treating physician. This letter should be sent by the Supervisor or Corporate Safety Director at the time the employees see the Physician if possible.
4.4 Transitional Return to Work
4.4.1 Always keep in touch with injured workers and maintain an open dialogue with them. Start early, before their attitudes toward work and your company have a chance to change. Some workers may be apprehensive to return to work due to concerns about their level of recovery or the nature of the job to which they are returning.
4.4.2 Employers can ease the transition and limit the apprehension by meeting with their employees before they return to discuss the work assignments.
4.5 Situations to Avoid when Implementing a Return-to-Work Program
4.5.1 Bringing an employee back to work before he or she is ready
By not having an early return program, you may bring a recovering employee back to their pre-injury job before he or she is ready. This often results in the total length of disability increasing substantially.
4.5.2 Establishing a confrontational environment to workers’ compensation claims
It is important to remember that workers’ compensation is a “no-fault” program. All workers’ compensation claims should be treated as legitimate unless proven otherwise. If injured workers feel they are being denied what they are entitled to, they may seek legal representation which always complicates the case and likely will increase the cost of the claim. When employees know that all cases are investigated, the number of questionable claims filed often is reduced.
4.5.3 Keeping employees in the dark about benefits and the claims process
Most employees do not understand workers’ compensation. Injured employees who are not clear about their benefits and the claims process are more likely to seek outside legal counsel.
4.5.4 Not contacting employees on a regular and frequent basis during an extended disability
Take an active interest in your employee’s recovery and make them feel you truly care about their recovery and rapid return to work. Do not let employees feel cut off from events at work. Keep them informed as to what is being done to modify a position for them.
4.5.5 Establishing a negative attitude toward the workers’ compensation claimant
Some injuries will occur, even though you have an active safety program. Never blame an employee for his or her injury. Take the opportunity to involve the injured worker is looking for ways to prevent similar injuries in the future. Head off negative attitudes by co-workers who may feel the claimant is only wanting a few days off. Keep a positive environment in the company to speed a successful return to work.
4.5.6 Unwillingness to make concessions for a permanently partially disabled employee
Employees who know their employer is making a good faith effort to modify a job to meet work capabilities tend to maintain a better attitude about returning to work. These efforts by the employer go a long way to improve morale and productivity when all employees know that if they are hurt, you are looking out for their interests.
4.5.7 Pushing an employee beyond work restrictions or allowing them to perform tasks which may complicate or delay recovery
The restrictions set forth by the treating physician are important. If either the supervisor or the employee ignores them, recovery could be delayed, or additional complications may develop. For example, favoring an injured shoulder during regular work activities may require unusual body mechanics and result in additional injuries to the body.
4.6 Communications to the Corporate Safety Director and Insurance Adjusters
4.6.1 As soon as practical after the injured employee receives medical treatment, the Superintendent shall forward all paperwork and correspondences to the Corporate Safety Director via email, fax, or hard copy.
4.6.2 Ongoing communication with Corporate Safety Director and Insurance Adjusters is essential. Discuss accident investigation reports, job duties, employee performance/attendance records, health history, etc.
4.7 The Corporate Safety Director shall be the Designated Coordinator for the Return-to-Work program and shall perform the following:
4.7.1 Shall be accessible to all employees and possess the authority to make management-level decisions.
4.7.2 Shall track recovery and restrictions placed on the worker by obtaining medical reports following each medical appointment.
4.7.3 Shall review annually the progress of the following as applicable:
4.7.3.1 Have lost workdays decreased?
4.7.3.2 Have claims costs decreased?
4.7.3.3 Has our safety record improved?
4.7.3.4 What feedback are managers and supervisors giving?
4.7.3.5 Has our relationship with healthcare providers improved?
4.7.3.6 Has litigation decreased?

5.0 APPENDICES
5.1 NCS Form 009 – Letter to Treating Physician