Concurrent employment conundrum: Return to Work for those who work more than one job

Some states provide benefits for concurrent employment if the injured worker is unable to work one or both (or more, I suppose) of their pre-injury jobs.  The workers' compensation policy covering the injury pays for the lost wages the injured worker sustains due to the work injury, which includes wages lost at another job.

Here's the scenario:

Steve works for No Leaks Plumbing as a plumber.  He also works part time as a bartender at Ps and Qs,Pub on the weekends.  While Steve is working to loosen a pipe under a sink at a customer's home (working for No Leaks Plumbing), he injures his right shoulder.  After going for treatment, he is given one-handed restrictions.  The good news is, No Leaks Plumbing is insured with Eastern Alliance and has a solid return to wellness program.  No Leaks Plumbing can bring Steve back the following day to work within his restrictions.  Unfortunately, Ps and Qs Pub cannot. 

What's the big deal, right?

Well, if the state that Steve files a claim in considers concurrent employment wages as part of the claim, then it can have implications for No Leaks Plumbing.

When calculating the compensation Steve is due as part of his injury, the claim representative would obtain wage information from No Leaks Plumbing and Ps and Qs Pub.  These wages would be combined to determine Steve's pre-injury average weekly wage (AWW).  Based upon the AWW, Steve's compensation rate, or temporary total disability rate, would be roughly 66 2/3% of the average weekly wage.

Let's say Steve makes $1000 per week at No Leaks.  He makes $200 working at Ps and Qs Pub.  One may think that since Steve is working for No Leaks without a loss of earnings, his wages from Ps and Qs Pub wouldn't matter. That is incorrect.

Steve's AWW would be $1200.  If Steve is able to earn his pre-injury hours, earning his pre-injury wages on modified duty, the compensation carrier would still owe Steve 2/3s of the difference between his post-injury earnings and his pre-injury average weekly wage.  In this example, it would be $1200 (AWW) - $1000 (wages working modified duty) = $200.  66 2/3% of $200 = $133.33.  Steve would receive a paycheck from No Leaks, and a temporary partial disability (TPD) check for a percentage of his lost wages from Ps and Qs Pub, in the amount of $133.33.

This puts No Leaks in a difficult position.  They support modified duty but Ps and Qs Pub does not.  The claim representative can attempt to work with Ps and Qs to bring the injured worker back to modified duty, but the pub really has no reason to, other than to have an employee performing some type of work. 

Keep in mind, as long as an injured worker's earning capacity is reduced, due to the work injury, then there is likely going to be benefits due to that worker.

What can be done in this situation?

• The claim representative can encourage the injured worker to discuss modified duty with their concurrent employer
• Obtain a job description from the other employer to help the treating physician determine what the injured worker can safely do at the pub.
• The primary employer (No Leaks) could consider placing the injured worker at a local not-for-profit organization through transitional duty to reduce exposure under the claim, rather than simply paying the injured worker their pre-injury wages.
• If all attempts fail to bring the injured worker back to work at the other employer, the primary employer (No Leaks) may be forced to cover the secondary employer's wages until the injured worker is recovered to perform the work at the pub.

Concurrent employment creates a unique challenge for employers and insurance carriers.  An effective RTW program can help control workers' compensation costs, and can help employers control the aspects of their claims that are within their control.  Sharing expertise and experience with the secondary employer may help them understand why it is a good idea to bring an injured worker back to modified duty.

Complimentary Webinar: Using Not-for-Profit Organizations as a RTW option

Are you or your clients interested in learning about a new and innovative RTW solution?  Sign up for a complimentary webinar being offered by Eastern Alliance Insurance Group's Return to Wellness Specialist, Sarah Tayts. 

WHO:     This presentation is open to all EAIG agency partners and EAIG clients.  Please feel free to forward this post via email to anyone you believe would benefit from attending this presentation.  You can do this by clicking on the envelope icon located at the bottom of this post, or simply copy/paste the URL to this post into a separate email.


WHAT:     The presentation will highlight how to strategically use NFPs to solve even your most challenging RTW situations, as well as address the most common questions regarding the process. 

WHEN:     Wednesday, December 4, 2013 @ 10 am EST

HOW:     Register for the webinar by clicking here and completing a basic registration form.  For more information on how to get the most out of the GoTo Webinar session, you can click here to view a brief PowerPoint tutorial.               

In the past, this presentation has been very well attended, so be sure to register now to reserve your spot!

RTW at a Not-for-Profit: An Injured Worker's Experience

As you may have heard, Eastern now offers another innovative RTW solution -- transitional duty at local not-for-profit organizations (NFP).  Sure, we can say it's a great idea, that it helps injured workers recover and stay connected, but what does an injured worker have to say about working at a not-for-profit as part of their recovery from a work injury?

We are fortunate to have worked with an injured worker who was willing to give us his opinion and tell us about his transitional duty experience while working at an NFP.  Joe* sustained a shoulder injury, which required surgical intervention and left him with very challenging restrictions that his employer could not accommodate.  Joe's employer agreed to pay him to volunteer at a local Goodwill store while he recovered, and eventually transitioned him back to his pre-injury job.

Without further ado, we give you Joe's story, in his own words:

What type of work did you perform as transitional duty? 

“The type of work I did was a little bit of everything, what I did most of was what Goodwill calls purging. I just went through the clothes on display the racks and pulled out the old items and took them to the back to be sent to the main distribution center in Indy. I also sorted clothes and different items as they came in and put them out on the display shelves for sale.”

As an injured worker in this program, how did it benefit you?

“My biggest benefit was making new friends and having something to keep me busy during my recovery.  My overall impression is that this is a good program for someone that will be off work for more than a couple weeks. It got me out of the house and gave me something to do besides sitting around being bored. I met a lot of good people and had fun doing it.”

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.

RTW and Off-site Employees -- we have a solution!

One of the greatest challenges of returning injured workers who reside a considerable distance from the office is just that...the distance.  Employers often express their inability to offer any type of modified duty in their office because their employees live 50+ miles away and it wouldn't make sense to bring them into the office.

Here are some options to overcoming these challenges:

·    If the injured worker typically drives to the office location for his/her regular work day, then it isn't unreasonable to ask them to report to modified duty at the office.  Instead of asking them to work 4 hours per day, have them work two, 8 hour modified duty shifts.  The benefits are still there -- the injured worker maintains a connection to the work habit, they are able to engage in the social interaction that work provides, and it may help keep them focused on their recovery. 

·    Consider a transitional duty! For more details, check out our post on using NFPs as a RTW option.  Our partners can place an injured worker in their local community, as close to their home as possible.  This could be an excellent option for travelling nurses, home health aides, sales people, truck drivers, and any other employee who lives a considerable distance from the office where modified duty isn't feasible.  This may also be an excellent choice for injured workers who are given driving restrictions but are encouraged to gradually increase their driving time and distance.

·    Are there any aspects of their job (or other jobs within your organization) that can be done remotely?  Is it a simple matter of getting them access to work from home?  Many companies who employee telecommuters have software that can monitor productivity.  Another option would be to complete customer satisfaction calls, schedule appointments, place inventory orders, create hazardous material sheets (most often-cited OSHA violation), create safety training materials, etc. Read the BLS report on telecommuting here!

While these suggestions may not resolve all of your RTW challenges, we hope that they are options that you may have not considered previously.  As always, we're here to listen to your RTW challenges, and provide a solution that is right for your unique situation.

Helping injured employees recover faster while helping your community!

We are pleased to announce our strategic partnership with two not-for-profit placement coordination firms.  Eastern has partnered with Re-EmployAbility, Inc. and Transitional Work Solutions to provide yet another innovative solution to RTW challenges. 

We realize that even when employers are on board with offering modified duty to their injured employees, locating suitable work can sometimes be a challenge.  We see this new tool as a temporary solution in cases where employers can accommodate medium duty (for example), but are unable to provide work that is within the proscribed sedentary restrictions.  This is where our strategic partners come in.  They help locate suitable work with a local not-for-profit organization where the recovering employee can volunteer their time, while being compensated by their pre-injury employer.  The employee receives the psycho-social and physical benefits of volunteer work, while the community benefits as well.  The injured employee recuperates while making the transition back to work with their pre-injury employer. While it is not a 'fix-all' solution, we're very excited to add this resource to our collection of RTW tools.

Interested in learning more about our not-for-profit partners?  You can learn more about Re-EmployAbility, Inc.'s Transition2Work program and Transitional Work Solutions by visiting their websites, or ask your Eastern Claim Representative about it today! 

Stay tuned for more information regarding this exciting new tool!