WORKERS COMPENSATION CLAIM SERIES

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1 WORKERS COMPENSATION CLAIM SERIES SESSION 2 Return to Work, The Purpose and Benefits of Developing a Return to Work Program June 20, 2012

2 Speakers Dorien Smithson, EVP Strategic Outcomes Practice, Willis NA Jeff Seibert, National Technical Director, Casualty Claims Miriam Szczepanek, Claim Team Leader, Radnor, PA Bruce Dortort, Vice President, Risk Control Services Paul Fires, Esq. Partner, Weber Gallagher Simpson Stapleton Fires & Newby 1

3 Agenda Session 2 Return to Work Defined Why Have a Return to Work Program Developing a Return to Work Program Job Safety Analysis Legal Perspective Questions and Answers 2

4 Return to Work Reasons for a Program & Developing a Program Miriam Szczepanek- Claim Team Leader, Strategic Outcomes Practice, Willis North America 3

5 Return to Work (RTW) - Defined Injured workers back quickly and safely Ultimate goal- return person to full-time position Also known as: light duty modified duty transitional duty alternative duty etc. 4

6 Why Have a RTW Program? 3 million U.S workers absent each year (BLS 2007) The longer one is off, the less likely they ll return After 24 weeks, estimated 50% will return to work After 2 years - virtually no chance (Cheadle 1994) Benefits both the employer and employee 5

7 Benefits to Employer Controls direct and indirect claims costs Reduces production downtime Reduces need to train replacement workers Increases morale and improves operations Reduces workers compensation fraud and litigation Maintains the skill sets of valuable, experienced people 6

8 Benefits to Employee Expedites recovery Focus on abilities, not disabilities Supports a sense of self-worth Maintains necessary job skills Continues salary and/or benefits Maintains social contact 7

9 Potential Obstacles To a Return Work Program Lack of understanding/communication Lack of support from Senior management Internal policies and procedures Supervisor resistance Lack of available jobs Employee expectations Labor contracts/union Lack of doctor cooperation Morale 8

10 Developing a RTW Program Six Steps to Developing an Effective RTW program 1. Establish management support and direction 2. Select a workplace RTW Coordinator 3. Develop RTW policies and procedures 4. Analyze job tasks and physical demands 5. Maximize impact of RTW options 6. Create awareness, provide training and encourage communications 9

11 Step 1 Establish Management Support and Direction Direct relationship between senior management s commitment and a successful program Commitment Means: Building a RTW culture- emphasizing early positive supervisory response and communications Supporting joint labor/management involvement in the program Creating a RTW Coordinator role Identifying RTW options Providing leadership to the program 10

12 Step 2 Selecting a Workplace Coordinator Selecting the right person is critical Existing employee or newly created position Characteristics: Objective and has the respect of both union and management Familiar with different jobs within the workplace Able to coordinate RTW activities Work in a collaborative manner with all stakeholders Authority to enforce policy 11

13 Step 3 Develop Policies and Procedures Provides guidance Facilitates fair and consistent treatment of all employees Promotes the program Reflects the approach to an early and safe RTW Comprehensive manual that addresses: Policy statement Goals and objectives Roles and responsibilities Program administration details/procedures Forms and other tools to manage the process (e.g. early contact while disabled, alternative duty offer, progressive resumption of full job responsibilities, supervisor engagement) 12

14 Analyze Job Tasks & Physical Demands (Job Safety Analysis) Bruce Dortort Vice President, Risk Control Strategic Outcomes Practice, Willis North America 13

15 Step 4 Analyze Job Tasks and Physical Demands A physical demand job analysis is critical Why conduct a job safety analysis Critical to developing appropriate RTW and Wish List options Examines employee s current job, confirming physical job requirements Determines whether a transitional job is appropriate Allows for safety reviews of workstation and techniques prior to an injury 14

16 Job Safety Analysis (JSA) What is it? Procedure that integrates safety and health principles into a particular operation Examines basic steps of the job to identify potential hazards and determine the safest way to do the job Effective JSA helps employer recognize and control hazards and exposures in the workplace 15

17 Benefits of a JSA Prioritizes jobs that need immediate attention to correct hazards (frequency, severity and/or probability) Enhances and standardizes operating procedures Determines appropriate PPE measures and comply with OSHA s PPE assessment standards 16

18 Benefits of a JSA Reduces potential injury and illness: From recognized hazards From previously unrecognized hazards To others in the area Examines Activities and Behavior in addition to physical conditions 17

19 Benefits of a JSA Breaks down job into tasks - to develop or enhance employee training Develop job descriptions Develop physical capacity requirements of jobs Assist treating physicians in early RTW restrictions 18

20 Step 5 Maximize Impact of RTW Options Primary goal: return the employee to pre-injury position Points to consider when evaluating alternative jobs: Job duties assigned must be productive and meaningful Placement should be transitional toward a full return to preinjury job whenever possible Emphasize the employee s capabilities rather than limitations Limited length of time 19

21 Step 6 Awareness, Training and Communication Ensures employees know about program and how it can help them if injured Training informs coworkers and supervisors about the importance of injured employees returning to work Topics covered in training: The impact of accidents Benefits of RTW program Roles and responsibilities Assistance the employee can expect Name of RTW contact person RTW process 20

22 Communication Communication- essential to successful RTW program Knowledge and training does not end in the training room Communicating successes and listening to feedback Accommodating injured workers has positive impact on: Morale Recovery Productivity Costs associated with paid time off Everyone wins! 21

23 Legal Strategies for a Results- Oriented RTW Program Paul Fires, Esq.- Workers Compensation Attorney, Weber Gallagher Simpson Stapleton Fires & Newby, Philadelphia, PA 22

24 Know Your Doctor IME/DME physician vs. treating physician Who can be relied on to provide consistent testimony What is the doctor s reputation among workers compensation judges Can the doctor withstand cross-examination IME vs. Treating Doctor 23

25 Know your HR Department Does the author of a RTW letter have first-hand knowledge of the job being offered? Can the author of the letter testify well and reliably? Can other employees rebut information in the job offer letter? Does the employee have sufficient time to check with his or her doctor before accepting the job? Do not threaten termination for failure to return to work 24

26 Enhancing Employer Credibility Offer meaningful work Interact with injured worker and monitor progress Increase/decrease job duties as required Approach their pre-injury wage if possible, consistent with your business practices Allow eventual transition to regular duty work and preinjury job 25

27 Risks of RTW Programs Inefficiencies in operation of business Lowering employee work ethic and morale via Easier Jobs Copycat injuries for easier work Union complications Risk of re-injury 26

28 Benefits of RTW Programs Substantially lower workers compensation indemnity costs Likely reduced workers compensation medical costs Undermining of the Disability Lifestyle Empowerment of the employee Possibility of reduced employee psychological compromise Relationship building with injured worker Relationship building with workforce Completion of meaningful work others cannot get to Assist with ADA requirements, when reasonable accommodation required 27

29 Questions and Answers 28

30 Thank you for attending the webinar. If you have questions or would like additional information please contact your Willis Client Advocate or your Willis Claim/Risk Control Consultant. 29

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