What's the deal with blame in a 'no-fault' system?

Although this may sound like the intro to an episode of Seinfeld...it's not. No bulky white sneakers, classic cut jeans, or improv-funk music playing in the background here...

There's a lot of information about social support for people suffering from non-occupational illnesses, but it is less common to hear about the role that social support plays in an injured worker's recovery from a work injury. 

Why??
As humans, we tend to seek out the "why" and a justification to events that we can't explain -- some may refer to this as fault finding, or the blame game.  Maybe it's easier for us to give sympathy to people who are diagnosed with a non-work related illness because "it isn't their fault."  Despite work accidents being just that, accidents, it is human nature to attribute some individual responsibility for what happened.  However, come to think of it, I've never met anyone with a back injury or an amputated finger who wanted to experience the pain or fear associated with these injuries -- very few people ever intentionally cause themselves harm in an attempt to "get workers' compensation benefits."  We could just as easily say to ill individuals -- well, you really should have done a better job washing your hands, or perhaps done more exercise or improved your diet.  Either way, how we got here doesn't really matter (except for future injury prevention, and maybe subrogation potential -- but that's for another blog). 

So, you've experienced a work related injury -- what are you going to do about it?  

The goal of any workers' compensation program is to restore an injured worker to their greatest level of function and earning capacity by providing appropriate, prompt medical attention.  Early, suitable, return to modified duties is one of the best ways to assist in an injured worker's recovery. 

Instead of pointing a finger at an injured worker, point them in the right direction for recovery.
Numerous studies have shown that an employer's initial response to a work injury and continued follow-up can have a significant impact on the outcome of the claim - including when an injured worker returns to work, the amount of treatment they require, and their eventual return to full duties after a work injury. 

Sure, if there's a safety violation or concern, they should be investigated and addressed.  But focus on the processes your employees are completing and the environment in which they are completing them. Yes, we should be concerned if the individual is acting in unsafe ways, but don't be afraid to look at the big picture (or in the mirror) to determine if the structure and company culture "allow" it or make it the norm.  We all have a role to play in injury prevention...just don't forget about the role each of us play in an injured worker's recovery.

Rx meds putting a kink in RTW plans? Read this...

Hank is a material handler who sustains a compensable work-related injury.  As part of his treatment, his physician prescribes prescription pain medication, particularly a narcotic pain medication, such as Oxycontin.  Hank's treating physician also releases him to return to modified duty, with restrictions of no lifting greater than 10 lbs., can drive a vehicle, but no heavy equipment or tow motor. Fortunately for Hank, his employer has a modified duty program and is interested in bring him back to work --- but there's one problem.  His employer has concerns about Hank's ability to perform the modified duty job they have for him.  They were hoping to have Hank perform light courier work between plants, but they don't want him "all drugged up while operating a company vehicle."

These are legitimate concerns. Many employers find themselves in this same predicament:  there is a release to return to work, but the injured worker is on heavy pain medications which may create additional liabilities for the employer.  What's an employer to do?

Communication is key

If there is a nurse or medical case manager assisting with this claim, send him or her a list of the modified duties, or a modified duty job analysis form, to discuss with the physician.  Often times having something to demonstrate the availability of modified duty will help facilitate a RTW, but can also encourage the physician to prescribe medication that will not impeded an injured worker's ability to operate a vehicle, etc.  Perhaps they can provide some alternative medication for the injured worker to take during working hours.  If it is an injured worker who has been on heavy pain medications beyond the recommended time frames, it may also give the physician another basis to adjust the patient's pain regimen.

Understand the risks

Not all medications will prevent an injured worker from driving, just not all dosages will have the same impact on each individual.  Unfortunately there is no magic screening to determine how each individual will react to a particular dosage.