Wednesday, April 3, 2013

RTW and Seasonal Workers: Bring them back or risk paying them all year long

It's that time of the year again...your neighbor is fertilizing and seeding their lawn to ensure that their lawn invokes feelings of grass envy throughout your neighborhood, you're waking up to the sound of birds chirping in the trees as opposed to snow plows scraping the streets, isn't Spring a wonderful time of the year?

Soon we will start to see the landscaping trucks on the streets at the crack of dawn and workers spreading shovelfuls of recycled and dyed pieces of wooden pallets, known to the consumer as mulch.  What did you think I was going to say?  College students will be returning home to look for summertime employment, hoping to secure that sought-after summertime gig that pays more than minimum wage in an attempt to offset the rising prices of bee---I mean...books.  Everywhere you look, people are starting their spring projects, building patios, planting gardens and getting those home repairs they've put off until warmer weather.

But, if you're a seasonal employer you're probably not thinking of gladiolas and grilling, you're thinking about starting up business again and getting back to work

Why worry about WC at a time like this?  There are several reasons.

·  Employees who may have had less work to do all winter season have become de-conditioned as a result of reduced physical activity.  This may not be as relevant to restaurants and employers in the tourism industry, however landscaping and construction employers should consider this factor and implement ergonomics refresher training, stretching programs and other safety training measures to help offset the chances of an injury early on in the "busy season."
·  In states like Pennsylvania, at the end of your normal business season, work will again become scarce as it always does.  Unfortunately, if you have an injured worker who has not returned to their pre-injury wages prior to the end of the season due to work related restrictions there is a chance that they may be entitled to ongoing workers' compensation indemnity (wage) benefits.  Ensuring that injured workers receive prompt, appropriate medical attention is key in helping them recover and returning them to modified duty assists in their physical rehabilitation, and may assist in obtaining a full duty release.
·  If an injured worker becomes totally disabled and remains disabled well into the slow season, you are less able to offer modified duty work because there is little work that can be done, let alone modified duty.

What is an employer to do?

Luckily, we've got some answers to these challenges.
·  Make prompt, appropriate medical treatment available.  The sooner we get the injured worker on the path to recovery, the sooner we can return them to wellness
·  Use ecovery resources to help identify modified duty options.
·  Discuss the impact of seasonal work on your claims with your Eastern claim representative.  They will know how your state's WC laws influence the availability of disability benefits as each state varies.
·  Have pre-injury job descriptions on file and provide them to the injured worker's treating physician and physical therapist (if applicable).  This will communicate what the injured worker needs to be able to do to return to full duty and give the physician a clearer picture of the injured workers duties.
·  If you have a modified duty job, get a modified duty job description to the treating physician.  For similar reasons as stated in the previous bullet, this will help to facilitate a faster, appropriate RTW.
·  If the season has come to an end and an injured worker is still totally disabled, consider our transitional duty option to help them recover faster.  If you only have a few hours of modified duty work available, we can supplement that with transitional duty at a local not-for-profit organization.  Contact your Eastern claim representative to discuss this option.

Enjoy this time of year...stop and smell the roses, just try not to get stung by a bee or by a lost time claim that drags on unnecessarily.

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