Why 'make work' doesn't make sense

Some jurisdictions prohibit it.  Others allow it.  Employees despise it.  We're talking about make-work.  Also known as "busy work."  Sometimes overzealous employers proudly state, "I'll make him count paperclips for 8 hours a day if I have to!"  The good news is, with ecovery, you don't have to.

If you are one of those employers, or a person who has personally suggested this as an option for modified duty, please ask yourself what benefit is being gained from this?

An employer is paying an injured worker wages to do a non-productive task 
Why not try to develop some type of work that provides some productivity in exchange for the wages they are receiving?  How is this helping you reduce costs or make a case to highlight the benefits of modified duty to your employees? 

It sours the employer-employee relationship
How would you feel if you were legitimately injured and were brought in to do such menial, tedious, tasks?  I'm not so sure I would be motivated to get better -- some may be motivated to be taken out of work altogether.  Employers may think that if the work is undesirable, it will motivate someone to return faster. The message really being communicated is that the employer questions the legitimacy of the injury or the restrictions and thinks they can motivate the injured worker to "miraculously recover faster."  This can lead to an injured worker returning sooner than medically advisable and result in a re-injury.  Modified duty does not mean "light duty."  It is a modification of an injured worker's pre-injury job, or a group of productive tasks that are grouped to create a modified duty position temporarily.

Modified duty work should not be punitive
Retaliation for filing a WC claim is prohibited by Federal law.  Think hard to determine if the work you are assigning to an injured worker could be construed as punishment or retaliation for filing a claim.  One way to prove that it isn't is to demonstrate the purpose that the job tasks serve to further your business.  Sure, counting paperclips could be considered inventory -- but did you keep track of these items to this level of detail before the injured worker was injured?

It may not be considered a viable job
Many states prohibit "make work" or work that doesn't serve a legitimate business purpose. Even if it is permitted in your jurisdiction, you have to consider how the ALJ or WCJ or WCC would view you, the employer, who is seeking relief from having to pay TTD benefits because the injured worker refused to sit in a room and count paperclips all day.  Employers should always act within reason.

We're not saying that the modified duty job has to be cushy or desirable -- but just that it serve a function in your business.  It only makes good sense to do this.  Remove all emotion from the situation.  It's not about what you can make them do, it's about what they can do within their restrictions to benefit your company and their recovery.  For suggestions on modified duty task lists, check out the ecovery library (must log-in to access).