Tuesday, September 3, 2013

What happens after RTW?

If you’ve been following this blog, you’ll realize many of our posts focus on the process of identifying modified duty, the benefits of RTW, and developing RTW programs.  Getting someone back to work is important, but it doesn’t stop at the RTW date.  It’s a phase of the return to wellness process that must be managed.

What happens after an injured worker returns to work?
I’m sure one could find bits and pieces of answers to this question in books, and there are plenty of scholarly journal articles on this topic, trust me.  Personal experience will teach employers the most in this regard.  Not the answer you were looking for?  What follows is an attempt to summarize the most frequently learned lessons.

Communicate the return to work date to your claim representative immediately!
There simply aren’t enough font embellishments with which one can emphasize this point!  Prompt communication of the injured worker’s return to work will prevent plenty a problem:  over payments, taking credits against future benefits, getting the appropriate forms filed with the state’s workers’ compensation authority…  It’s also a great feeling for the claim representative to know that we’re returning someone to modified duty.  So it not for any other reason, notify your claim representative to provide them with the good news.

Medical treatment
Just because an injured worker returns to modified duty, doesn’t mean that they are no longer entitled to medical benefits.  This is a concern of injured workers when they contemplate RTW.  Returning to modified duty is part of an injured worker’s recovery.  As one person put it, you don’t get better and go back to work, you go back to work to get better.  It is common for an injured worker to continue physical therapy or use of prescription medications after RTW.

Employers should encourage injured workers to schedule their physical therapy and doctor’s appointments outside of the work day.  Check with your claim representative, as it depends on the state and the type of appointment (IME, etc.).  It may also be a good idea to locate a physical therapy location that is on the injured worker’s way home.

Wages
What happens if the injured worker receives less in wages than they previously earned?  As with all answers to WC claim questions…it depends.  In most states, there are temporary partial disability benefits.  These are paid as a percentage of the difference, or gap, in post-injury wages compared to pre-injury wages (calculated as the average weekly wage – AWW).  These percentages range from 50% to 90%. 

Employers process their payroll as usual and if the injured worker’s weekly earnings are less than the pre-injury average weekly wage, they should submit the payroll records to their claim representative who will review and process any TPD benefits due to the injured worker.  So, the injured worker will receive a paycheck for hours worked, and a TPD check for a percentage of the gap. 

What if the injured worker is disruptive or violates company policies?

Document, document, document!  Not surprisingly, this topic remains to be one of our most popular posts.  Do not let one bad experience ruin it for other injured workers who could benefit from working modified duty.

How can employers continue to manage the claim after RTW?
Stay in touch with the injured worker, your claim representative and the nurse case manager.  RTW is a process with many moving parts, and communication is essential.  Check in periodically with the injured worker and their supervisor to see how things are going, and expeditiously address any concerns.  Besides being the right thing to do, this can mean a lot to an injured worker who may be anxious or embarrassed about not being able to perform their pre-injury work. 

Just because someone returns to modified duty does not mean they are destined for full recovery.  Setbacks are going to occur.  The injured worker may find that they cannot perform work within their restrictions or receive tighter restrictions.  There may be a need for future surgery that results in total disability. 

Like everything else in life, this process rarely occurs in a linear fashion.  It looks more like a drawing done by a 2 year old.  It’s not always pretty, but we take the time to appreciate the effort and respect the process.  Sure, some might not think of it as art, but anyone who has managed a return to work challenge will agree that it is an art that requires skill and practice.  Just don’t hang the job offer letter on the break-room fridge, no matter how proud you are.


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