Reserves. Medical. Indemnity. Seminar Overview. Premium Impact 10/19/2014. Workers Compensation Return to Work. Benefits of RTW Program LIBC-757

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1 Workers Compensation Return to Work Seminar Overview Discussion Topics Forms Included Benefits of RTW Program LIBC-757 Personal Benefits of Sample Return to Work Letter Employee FMLA Settlements Litigation Waiting Periods Premium Impact Reserves Medical Indemnity 1

2 Waiting Period Indemnity (compensation) benefits are equal to approximately two thirds of gross salary (subject to a minimum and maximum) and are paid when the workers compensation claim is approved. Benefits are nontaxable and are payable for the duration of the disability. However, there is a waiting period: For 1-7 cumulative days of absence, no workers compensation is payable For 8-13 cumulative days, workers compensation is payable only for days 8 through 13. After 14+ cumulative days, workers compensation is payable for the entire absence Employer Impact OSHA Days Restricted vs. Lost Time Dart Score Injured Employee Remains Out of Work OOW Employer Cost Impact Closing Files IRE ( Impairment Rating Evaluation) Stopping personal benefits 2

3 Litigation Termination Modified or Suspended Benefits AWW Dispute 21 Day Decision Proper Forms FMLA- Family Medical Leave Act The Act provides that a serious health condition may result from injury to the employee ``on or off'' the job. If the employer designates the leave as FMLA leave in accordance with Sec (d), the leave counts against the employee's FMLA leave entitlement. Because the workers' compensation absence is not unpaid, the provision for substitution of the employee's accrued paid leave is not applicable, and neither the employee nor the employer may require the substitution of paid leave. However, employers and employees may agree, where state law permits, to have paid leave supplement workers' compensation benefits, such as in the case where workers' compensation only provides replacement income for two-thirds of an employee's salary. If the health care provider treating the employee for the workers' compensation injury certifies the employee is able to return to a ``light duty job'' but is unable to return to the same or equivalent job, the employee may decline the employer's offer of a ``light duty job.'' As a result the employee may lose workers' compensation payments, but is entitled to remain on unpaid FMLA leave until the employee's FMLA leave entitlement is exhausted (e) Employee Returns to Work Partial Disability Maximum 500 weeks Full Wage AWW Specific Loss benefits 3

4 RTW Documentation Medical Release Time Off for Doctor Visits Restrictions Employee Sign- Off Communication with Supervisor EXAMPLE OF DETAILED JOB OFFER LETTER Date: CERTIFIED AND REGULAR MAIL Claimant Name Claimant Address Dear This letter is to inform you that work is being offered to you as a. This offer is based upon a modified duty work release from Dr.. Attached is a copy of Dr. release. Therefore, you are expected to perform the functions of the job as approved by the doctor but you are not permitted to perform activities greater than what has been set forth unless prior medical approval is provided. Please report to work at (place) on (date) at (time). You will be scheduled for hours a day at a rate of $ per hour (or at your pre injury wage, which ever applies). Please contact at (phone number) to confirm your return to work and to discuss your schedule. We look forward to seeing you on (date). If you have any questions or need to discuss this matter further, please contact at (phone number). Thank you for your cooperation in this matter. Sincerely, Boss Lady 4

5 Transitional Duty Ideas Ask your supervisors Trainee / Trainer Half of a whole job Teamwork Meaningful Part Time Modified schedules Monitor ( Recovery) Know the Restrictions Sign-off forms Supervisor Monitoring Diagnosis Treatment plan Restrictions Next doctor visit Stress Factor Mental Factor Care Factor Emotional Side Effects 5

6 Education to Employees 1. Time of Hire 2. Orientation 3. Time of Injury 4. Recovery on the Job Direct Savings to Employers Costs are reduced when Temporary Income Benefits cease or are adjusted when an injured worker returns to work Medical costs are reduced and recovery times are shortened More control of premium costs Maintain productivity Wage costs are saved for substitute employees Indirect Savings to the Employer Company retains the production of skilled and experienced workers Injured workers continue to contribute to the company No recruiting or hiring expenses No overtime is required for lost production Work delays and business interruptions are eliminated The company s interest and concern for the employee is reinforced 6

7 Benefits to the Employees Recovery time is shortened Employee remains active and productive Permanent disability associated with injury is reduced Concerns about continued employment are resolved Full or partial wages are earned bringing the wages closer to pre-injury wages Injured workers and their families experience less disruption to personal lives Benefits to Employees Prevent loss of physical fitness and muscle tone due to inactivity Maintain company benefits Sustain job skills Pain and suffering are minimized and overall wellness is promoted Improved work environment Avoid the Confusion Lawyers Doctors Insurance Carriers Supervisors 7

8 Employees and their families are happier and more financially secure when you are healthy, productive, and back at work Questions 8