Dealing with employees
who do not return to work
Nothing is more complex than dealing with human behavior.
Even employers with stellar Return-to-Work and injury management programs
can encounter employees who can’t or won’t return to work. The
core of the matter is not about strategy, systems or even culture. According
to John Kotter of the Harvard Business School, “The core of the matter
is always about changing the behavior of people.”
Here are some steps that can help reduce the length of disability:
1. Reach out and communicate with injured employees early in
their disability
Don’t assume employees do not want to return to work. For most employees,
being injured at work is a first time occurrence and it can be a confusing
and frightening experience. Workers whose employers reach out and communicate
with them early in their disability return to work an estimated 2.7 weeks
sooner, helping to save a company approximately $810 per short term-disability,
according to the Washington Business Group on Health.
2. Realize that you are setting standards
Employees expect you to care about fellow workers with legitimate injuries.
Likewise, they expect you to prevent abuses that can have a demoralizing
effect on production. Treat employees consistently and follow your policies
and procedures.
3. Don’t use a Workers’ Compensation claim to deal
with a problem employee
Workers’ Compensation is often seen by managers as an opportunity
to get rid of marginal or troublesome employees. This is like walking in
quicksand – there is a host of laws that employees can choose from
to sue you, including wrongful termination, disability discrimination and
retaliation.
Performance problems should be documented and disciplinary action taken
separate from the Workers’ Compensation claim.
4. Be the facilitator – keep communication open between
the treating physician and the employee
The employer, not the claims adjuster nor the treating physician, should
be the key facilitator following an injury. It is not the job of the treating
physician to make employment decisions. The employer needs to communicate
the desire to provide appropriate work for the injured worker and the doctor
is responsible for providing information regarding the abilities of the
injured worker so that informed return to work determinations can be made.
Employees should also be involved in the discussions about return to work
solutions.
5. Continually give injured employees reasons to return to work
After the initial outreach, it’s easy to focus on production and reduce
contact with injured employees. Yet, studies show that frequent expressions
of regard and regular communication help reduce the probability of lengthy
lost time. Give employees a reason to want to come back to work.
6. Closely monitor recovery progress, obtain timely Work Status
Reports, and make offer for modified duty position
You have the right to monitor an injured employee’s condition and
progress and find out when an employee should be returning to work and with
what restrictions, if any. After the initial examination, the treating physician
must send the employer and the insurance carrier a completed “Work
Status Report” and changes in the condition of the injured worker
are reported on the report until the injured worker is fully released to
return to work.
The reports should be reviewed in a timely fashion and a determination made
if there is suitable work that accommodates the employee’s restrictions
and a bona fide job offer made.
7. Take action if employee refuses modified duty offer
If the injured worker does not believe the available work is within his
or her restrictions, the person can ask the treating doctor for clarification.
However, if the job offer is consistent with the physician’s instructions
and the employee refuses, in most cases you can cut off the indemnity benefits.
The work offered should be meaningful and not demeaning to the worker. While
it may be legal to reduce the employee’s pay, the best results come
from employers who do not reduce pay. Reducing pay can have a negative effect
on the employee’s attitude and if reduced too much could require some
indemnity to be paid. Modified duty assignments are intended to be short-term
and every effort should be made to make the employee feel good about the
process. |