Disciplinary problems after RTW

The majority of injured employees who return to modified duty do so with motivation and a good attitude.  They don't cause problems, they work within their restrictions, and eventually transition to their pre-injury full duty jobs.  There are exceptions to every rule.  Typically these exceptions are those employees that may "ruin it" for the rest of the group, or those who may give their employers a bad taste in their mouths regarding modified duty work.  We've highlighted some of the more common concerns below, answering them with suggestions for handling difficult RTW challenges.

The first step in addressing these issues proactively is to send a written job offer letter that outlines the details of the position, the hours and wages to be paid, the start date and supervisor who the injured employee should report to.  You should also check our our post on 03/12/12 regarding job analysis forms.

Employee fails to show up for modified duty job assignment, or shows up late/leaves early.  Employee is disruptive.  Employee was found sleeping on the job.  Employee states they can't do the work assigned to them.

Be sure that there is documentation (i.e., job offer letter) that communicates the duties and hours the injured employee is to work for the modified duty job assignment.  Does your company have a written policy on tardiness or absences?  Follow those procedures just as you would any other employee.  If your procedure is to "write up" an employee for being late, do so.  Notify your claim representative and send them a copy of the write up.

Having the injured worker's treating physician approve the modified duty job is a proactive and appropriate means to make sure that what you are asking the modified duty job assignment is within the work restrictions placed upon the injured worker's activities.  If you haven't had the modified duty job approved by a physician, complete a modified duty job analysis form and send it to the treating physician.

Part of a strong modified duty program is consistency.  Co-workers and injured employees will quickly learn that modified duty assignments does not equate to different treatment.  

We do not expect you to treat employees on modified duty any differently than you would employees working their regular duty jobs.  As always, employers should consult their claim representative as soon as a problem occurs with modified duty work.  We are not experts in employment law, nor do we provide legal advice regarding such matters.