Disciplinary problems after RTW

The majority of injured employees who return to modified duty do so with motivation and a good attitude.  They don't cause problems, they work within their restrictions, and eventually transition to their pre-injury full duty jobs.  There are exceptions to every rule.  Typically these exceptions are those employees that may "ruin it" for the rest of the group, or those who may give their employers a bad taste in their mouths regarding modified duty work.  We've highlighted some of the more common concerns below, answering them with suggestions for handling difficult RTW challenges.

The first step in addressing these issues proactively is to send a written job offer letter that outlines the details of the position, the hours and wages to be paid, the start date and supervisor who the injured employee should report to.  You should also check our our post on 03/12/12 regarding job analysis forms.

Employee fails to show up for modified duty job assignment, or shows up late/leaves early.  Employee is disruptive.  Employee was found sleeping on the job.  Employee states they can't do the work assigned to them.

Eastern Alliance Insurance Group Introduces ecovery Program and Return to Wellness Specialist

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LANCASTER, Pa., May 21, 2012 /PRNewswire via COMTEX/ -- Eastern Alliance Insurance Group (EAIG), a subsidiary of Eastern Insurance Holdings, Inc., announced today the launch of ecovery, a new EAIG program that returns injured workers to wellness and productivity by using work as a therapeutic tool. EAIG is a domestic casualty insurance group specializing in workers' compensation insurance products and services.
In conjunction with the launch of the ecovery program, Sarah Tayts has been appointed as EAIG's Return to Wellness Specialist, responsible for developing ecovery tools, resources and technology initiatives to assist EAIG's agency partners and policyholders with implementing modified duty programs.
"Sarah brings a unique combination of experience in the workers' compensation industry and education in industrial and organizational psychology," said Michael Boguski, President and Chief Executive Officer of EIHI. "She has already become a tremendous asset to our organization through her role in launching our ecovery program."

EAIG has a strong philosophical commitment to modified duty. EAIG's ecovery program was developed after market research indicated a need in the workers' compensation marketplace for next generation approach to modified duty featuring comprehensive, practical information and proactive education. Instead of "Return to Work," EAIG uses the phrase 'Return to Wellness' to describe its unique, holistic approach.
"We selected the name 'ecovery' to link the Eastern brand with the goal of recovery for both the injured worker and the employer," said Suzanne Emmet, Senior Vice President of Claims and Corporate Compliance for EIHI. "The phrase 'Return to Wellness' captures the intrinsic, positive spirit of ecovery, and reflects the broader scope of the program, which promotes faster healing, increased productivity, improved employee retention and workplace culture, and reduced insurance costs."

The ecovery program features an extensive online library of turnkey and customizable materials targeting employers, injured workers, agents and medical providers. In her role as EAIG's Return to Wellness Specialist, Tayts uses webinars, newsletters, blogs and social media to communicate to EAIG agents and policyholders on a wide variety of topics related to workers' compensation and modified duty.
Prior to joining EAIG, Tayts served as a Workers' Compensation Claims Team Leader for Donegal Insurance Group. She graduated from Millersville University in Millersville, Pennsylvania with a Bachelor of Arts degree in Psychology and from the Chicago School of Professional Psychology with a Master of Arts degree in Industrial/Organizational Psychology with a concentration in Organizational Effectiveness. She has also earned the Associates in Claims designation.

Employers can visit www.eains.com/ecovery to learn more about the ecovery program and find an independent insurance agent representing EAIG. Founded in 1997, EAIG specializes in providing workers' compensation products and services to businesses and self-insured clients. EAIG is a member of the publicly-held Eastern Insurance Holdings, Inc. family of companies, with offices in Lancaster and Wexford, Pennsylvania, Charlotte, North Carolina, Carmel, Indiana, Franklin, Tennessee, and Richmond, Virginia. EAIG's Web address is http://www.eains.com/.

Jumping Hurdles in the RTW Race

It's that time of the year where schools everywhere are holding their annual "field days."  For those of you who are unfamiliar with field days, they are a competitive event held by schools where students compete against each other in various events and physical challenges. Where am I going with this...?  It got me thinking about overcoming obstacles, challenges and hurdles in the WC system.

There are specific hurdles that must be overcome prior to becoming entitled to a suspension of wage benefits, and each set of hurdles depends on the jurisdiction (state) in which an injured worker is receiving benefits.  Each state has its own WC laws and regulations that govern the duration, frequency, calculation and amount of workers' compensation benefits an injured employee is entitled to.  Eastern provides some fantastic resources regarding what ecovery looks like in your state on our website, so we won't go into the details in this forum.  In general, each state has its own set of hurdles to suspend or terminate benefits.  Your Eastern claim representative is well-versed in your state's requirements, so feel free to contact them with any particular questions.

Maximum Medical Improvement (MMI)
MMI is the point in recovery from an injury at which an injured employee will no longer benefit from any future medical treatment or intervention. Basically, they are as recovered as they will ever be.  In some states, employers/carriers may unilaterally stop benefits once MMI is attained.

Full Duty
Full duty is when a physician releases the injured worker to return to their pre-injury job without restrictions.

Small Businesses Yield Big Opportunities for RTW

Initially, one may think that developing modified duty jobs for small businesses is extremely challenging, if not impossible.  It's not as daunting as you may think.  We've seen many small businesses successfully implement modified duty jobs to reduce and help control their claims costs.

That is not to say that small businesses do not have their challenges.  Often times it is the owner who has to play multiple roles in the organization, wearing the Human Resources hat one hour and the Accounts Payable hat the next.  Typically, smaller companies have less experience with losses or work accidents.  Just like many other businesses, small business owners are faced with budget constraints, creating the perception that they cannot "afford" to offer modified duty work.  From a WC cost savings perspective, employers cannot "afford" to not offer modified duty work.  Pardon the double negative.

Research has shown that smaller companies have many unique attributes that they can leverage to achieve successful return to wellness outcomes (Andersen, Kines & Hasle, 2007):

· Employees are often responsible for multiple tasks that may be outside of their "normal" job description.  They pick up and fill in as needed to ensure that things get done.  Maybe there isn't a designated person to clean the break room, but one person naturally takes care of it.  These "extra" duties are often a trove for modified duty opportunities.  Make a list of these duties and start your modified duty tasks bank.

Developing Return-to-Work Programs in Unionized Companies

If you are an employer seeking to implement a RTW program, check out the following link to a 2009 article found in the July 2009 issue of Risk Management  entitled:  Developing Return-to-Work Programs in Unionized Companies.

The link to the above article provides insight for employers who strive to implement RTW programs, however have concerns about labor contract requirements.

The author, Rebecca A. Shafer,  provides 7 considerations for implementing a RTW program in a unionized company:

1.  Check for Management Rights - Know what your company's rights are in your collective bargaining agreement regarding your ability to promote, layoff, or transfer employees due to lack of work.

2.  Review Contractual Provisions - Certain provisions in your contract may also impair the ability for your to utilize a RTW program.  Consider these as negotiation points in future collective bargaining agreements.