Who really holds the power in WC claims?

The injured worker?  The judges/commissioners?  The insurance carriers?  The employer?

Depending on which chair you're sitting in, you'll likely have a different answer.  Most times, your answer is someone other than yourself.  Stop putting the power into someone else's hands!  Whether intentionally or not, if you believe you have little or no control over the outcome of a claim (or any situation, for that matter) you relinquish your share of the “power-pie” to someone else. Stop!

Think about the ubiquitous day-time attorney commercials.  They are based upon the assumption that the insurance companies possess all of the power.  What about the employer's perception that the injured worker has all of the power?  Don't these two positions seem at odds with each other? 

Some additional thoughts on perception...

What have you got to lose?

Focusing only on what you have to gain in a situation only provides you with half of the picture.  It can be easier to consider what you will gain than to put a number on what you're going to lose.  Maybe it’s the uncertainty of the future that allows us to be more optimistic.  Maybe it's a self fulfilling prophecy.  Whatever it is, it's more pleasant to think about what we'll gain by making a decision than to think about what we'll lose.

Before you decide that you can't afford to offer modified duty, ask yourself what you're really losing...the answers may surprise you.

A chance to utilize work as therapy and assist in the injured worker's recovery.
Think about how quickly you lose any progress you've made on a diet once the holidays roll around, or after skipping the gym for a few weeks.  We quickly lose any gains (or gain back any weight losses).  The same holds true for someone who is away from work for an extended period of time.   This can extend the period of time it takes for them to return to their pre-injury job because.  When an injured worker is detached from the workplace, they also lose some of their skills, recollection of processes, and even simple everyday tasks can take longer until they are up and running again.

Experienced employees who possess valuable knowledge.
There is a lot that can be learned through books and higher education, but how do you put a price on work experience and skills that can only be gained by working.  I may be able to recite the Pythagorean Theorem, but I probably couldn't apply it to building a foundation.  Experienced employees provide an opportunity to shorten the learning curve for younger employees.  Envision an inexperienced workforce and how long it would take them to complete a project.  Without your most knowledgeable employees, the entire team suffers.

An opportunity to demonstrate what happens when a worker is injured.
Actions speak louder than words.  Co-workers will look to the treatment of the injured worker and envision themselves in that injured worker's shoes.  When an employer treats an injured worker with respect and provides them with a modified duty opportunity, it sends several key messages to their other workers.  "If I get injured, I know my employer will be bringing me back to work."  Some variations of this response may include "WC claims don't equate to paid time off" and "If I get hurt, at least I know I'll have a job to come back to."

So, ask yourself, what do I stand to gain?  But don't forget to also consider what you've got to lose?

Now, try and continue your day without humming "Judy Blue Eyes" by Crosby, Stills and Nash...

He's making a list, he's checking it twice...

His modified duty task list...that is. 

RTW planning is like holiday shopping.  Some of us get it done well in advance, as early as July, while others are in line the day before hoping that the gift they intend to buy is still in stock. 

So, really, when should an employer focus on RTW planning? It should be done proactively, re-evaluated after an injury occurs, and throughout the life of a claim.

Before an injury occurs
Do not wait until an injury happens to create a modified duty program.  Some employers have never experienced an injury involving time away from work, but it will remain a possibility as long as they are in business and have employees.  If an employer waits until after a loss occurs to develop their RTW program, needless days of disability may result. 

Create a list of job duties for the positions in your organization.  Start with the positions that you believe to be the most challenging to modify.  Categorize the tasks into sedentary, light, medium, one-handed work, seated work, etc.  Review your loss histories to determine the most frequent types of injuries (i.e., low back strain, rotator cuff tears, and carpal tunnel syndrome).

Make sure your employees know that you are willing to offer modified duty work. As previously noted, one of the number one reasons physicians do not release an injured worker to modified duty is because the injured worker reports there is no modified duty available.

After an injury occurs
Ask the nurse case manager to provide projected restrictions to start the RTW planning process before the doctor even releases the injured worker.  Review the injured worker's job duties and begin classifying them into categories of work (i.e., sedentary, can be done with one arm, doesn't require lifting above waist level).