Why following RTW restrictions is Imperative

A recent article in Business Insurance highlights the importance of adhering to and respecting the restrictions placed upon an injured worker by their treating physician. In an article entitled "Metro-North violated saftey act in forcing injuredy employee back to work:  OSHA", the employer allegedly ordered an injured worker to return to work at his regular job, despite an initial medical opinion that the injured worker was totally disabled.  Per the article, the OSHA report filed against the employer also alleges that the employer allegedly "forced" the treating provider (an on-site occupational health facility) to release the injured worker back to work regular duty. 

From a RTW perspective, this article demonstrates three very important lessons for employers (and insurance carriers) who are seeking to reduce insurance costs by offering modified duty to injured workers.

1.  At all times, all parties involved must adhere to and respect a medical provider's restrictions.  This means that the injured worker should follow these restrictions at work and at home.  Employers must also acknowlege the restrictions and not ask the injured worker to perform any duties outside of the prescribed limitations.  Restrictions are in place for a reason.  Although we may not always agree with them, they are typically in the interest of the injured worker's (and employer's) best interest.  If you are concerned with a total disability opinion rendered by a doctor, send them a copy of your proposed modified duty job and see if they will allow the injured worker to work modified duty.  In many cases, if doctors do not have a clear idea of what modified duty options are available, they cannot make an informed decision to release them to modified duty work.

2.  In most (if not all) jurisdictions, it is illegal for employers to retaliate against employees who file for workers' compensation benefits.  In this article, OSHA states that the employer's actions constituted retalitation, which resulted in fines and attorney fees close to $20,000.  Employers cannot force, or threaten employees, to get them the return to work.  If an injured worker fails to RTW after being offered a job, the employer should notify their claim representative who will advise of the appropriate avenues provided by their state's workers' compensation Act and/or regulations.

3.  This article does not mean that employers should avoid offering modified duty.  It does, however, illustrate the importance of employers acting in good faith when making modified duty job offers, obtaining the appropriate documentation, and discussing any concerns with their insurance carrier prior to acting upon emotion or initial instinct.  A well-documented, good faith job offer will serve employers much better.