WC

HR IN AL · August 2006

I am a first time poster. Question - how do you handle employees who are under WC and restrictions that say they can work with modified duty (no lifting over 50 lbs and no working over 8 hrs a day)but then keep coming in and saying that the injury is bothering them and they have to go home. It is lowering morale in my department because this seems to be happening frequently, especially when a "tough" job is asked of them. Any thoughts would be appreciated.

LarryC · August 2006

[font size="1" color="#FF0000"]LAST EDITED ON 08-11-06 AT 09:25AM (CST)[/font][br][br]Welcome, HR in AL. First I would hold them to what the doctor's documentation says he can do and, unless that changes, his absense is unexcused. Your carrier will not pay for that time either. At the same time, get your claims handling people from your carrier involved and push them to resolve it. Work comp claims go alot better when you don't let anybody get "comfortable". Maintain the urgency to get through the claim and get it closed. It's our job to make the "work comp ride" a rough one. I love it when an employee's claim gets closed and the employee tells me how the whole thing just sucked.

P.S. I see you have cats.

stilldazed · August 2006

Agree with Larry & JS. As a learning opportunity, consider getting a signed RTW agreement from the injured employee at the time modified duty work is offered. Include some verbiage in the statement that discusses consequences for not working as ordered by the physician. If you find that a worker is bluffing, which I suspect you think is going on here, the fact that you are requesting that an agreement be signed 'up front' and the fact that you have included the verbiage will send a message to the worker that you are serious. I WOULD NOT single out the current situation to begin the process. You will be at extreme risk of retaliation/discrimination. Once you decide to implement the program, do it for everyone who is returning to work with restrictions, keep copies for all, refer to the copies as needed when conferencing with employees, and return them to medical care if they absolutely insist they can't work as ordered by the w/c physician.

In this case, take care not to stand in the way of medical treatment if that is truely what your worker needs. You can always return him/her for medical assessment (and include a list of job tasks for the doctor to review). If your worker truely can perform the work you have available and elects on his/her own to miss, you're probably off the hook for lost wages. Work with your carrier to get the claim closed quickly--even if it means a settlement.

Best wishes,

HR IN AL · August 2006

Thanks for all the great advice. I believe you all have given me some viable choices and I appreciate it and am busy putting your advice to use.

HR IN AL · August 2006

Stilldazed,

If you have a sample of a RTW agreement, I would love to see it.Thanks for your help.

drehil · August 2006

Welcome HR in AL. I agree with LarryC, I don't make the ride on the WC roller coaster a fun one. I make them stick to the restrictions, no more. If they need more, then I need more!!

System · August 2006

Welcome to the Forum, HR IN AL!

I agree with the previous posters that you should get doctor verification, but I'm less suspicious of the employee. I had WC surgery (volleyball) and my recovery was much slower and more painful than the doctor predicted. After a year of doctor dawdling, I had a second surgery and discovered that the doctor had botched the first surgery. xx( If I did manual labor, I would've been in the same boat as your guy.

A couple of cautions: Make sure you're not more harsh or strict with this guy than you are with other employees who have recurring conditions that aren't WC. You don't want to commit WC retaliation.

And consider whether he's eligible for intermittent FMLA leave.

Good luck!

James Sokolowski
HRhero.com

mwild31 · August 2006

"I had WC surgery (volleyball)..."

James! How did this get through the forum hawks? You had a Worker Compensation injury from playing volleyball at work. I'm definitely in the wrong industry! xB-)

ps - glad you're feeling better.

stilldazed · August 2006

Not sure how well my document content may come through. I'm copying/pasting from MS Word. Maybe you'll get enough to make sense of it and make your own. I have it set up with field codes to enable auto updates for date, employee name, dates of restrictions, & description of restrictions. We put it together with help from our w/c carrier. The (initial) spaces are spaces for the employee to initial acknowledgement/agreement.

Your Company Name Here

Statement of Understanding
Work Restrictions / Modified Job Duties

Date: August 16, 2006 Employee Name: ?????
Restrictions: ?????
Timeline for Modified/Restricted Job Duties:
Start Date: ????? End Date: ?????
(initial) I understand the responsibilities required of me for this restricted / modified duty position.

Employee Signature Date

ACCEPT or DECLINE restricted / modified duty assignment:

Please initial one of the following statements to indicate your decision to accept or decline this interim position.

(initial) I ACCEPT THIS POSITION and will report to work as scheduled. I acknowledge that this position is part of returning to work. This assignment is a temporary assignment until my physician releases me to return to regular duties without restrictions or I have reached maximum medical improvement from my workers’ compensation injury / illness. I am not eligible for any overtime while on restricted / modified duties.
(initial) I DO NOT ACCEPT THIS POSITION. I understand that my refusal to accept this interim job offer may affect my workers’ compensation benefits.

Employee Signature Date

Witness Date

WC

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