Workman's Compensation- light duty
Reggie
17 Posts
I am looking for information on "light duty" to allow employees to come back to work on a less than "full strength" basis. We do not currently have a light duty policy but are interested in implementing one. Do you create the light duty position on a case by case basis? and if so, is there any regulations in ADA that I should be aware of that would apply to workman's compensation?
Comments
Morale of the story: If the police chief finds out it's one year of WC payments there will probably be no more light duty in that area.
WC is a new area for me and I'd love to hear more about light duty.
But we have always had a light duty policy whereby we could guarantee that the injured worker would have no more risk than they would being at home. Everybody bought into this and we have been always able to come up with some duties that an injured person can perform. But now we have a case with a maintenance worker who appears to be looking for any possible way to beat the system and go off on WC to get some award. Has allegedly succeeded in the past with a different employer with a previous knee injury. In January he claimed he injured his shoulder- we couldn't really dispute- he realized shortly thereafter that his best way to a WC award was with his knee- again had an un witnessed injury where he twisted his knee- MRI results were negative, but the employee continues to complain and because MRI's apparently do not produce 100% accurate results, the physician will probably end up scoping the knee,which is what the employee is willing to undergo, from what I suspect. This seems to be a classic case- he showed up at the last dr. appt. with a cane;- our WC insurer has a private investigator on the case- our dilemma is whether to terminate him now( has been off longer than 12 weeks as req'd by our policy)- or create a light duty position now that the doctor has cleared him of such- it appears that the doctor and evryone else including his co-workers think this ios all a big scheme to get an award- supposed had received a large sum of $$ in the past with another employer as we now hear. If we get him back light duty, we either may get him to think about returning to his normal duties once finally cleared by his doctor-
Would appreciate any advise from anyone who has had a similiar situation.
our company is debating what avenue to take- the doctor in response to the MRI results, has
cleared him for light duty-
Margaret Morford
theHRedge
>I have good language for a light duty policy that I will send you.
>Companies are very concerned about creating "light duty" for life, so
>many do not offer it for that reason. I recommend offering it so that
>people do not get used to being off work. You need to make the
>parameters very clear. I'll send you the policy if you will send me
>your e-mail or call me at 615-371-8200.
>
>Margaret Morford
>theHRedge
I would caution you NOT to develop light duty jobs on a "case by case" basis in Workers Comp because it would likely be labeled "make work" by a plaintiff's attorney. If you let the employee work in the light duty job for a number of months, it could be considered a reasonable accommodation under ADA and as such, you could be forced to make it permanent. Instead you should have some pre-designated "TEMPORARY" jobs developed particularly for "light duty" situations and then suit the worker to the appropriate job. Our program is comprehensive but has saved us a great deal of money and lost time over the years.
I'd be delighted to send it to you, but I don't have your e-mail address. If you will contact me either by phone (615-371-8200) or e-mail (mmorford@mleesmith.com), I'll send it to you.
Margaret Morford
theHRedge
Margaret Morford
theHRedge
THANKS
What you DO NOT DO, is to put together a light duty job when the need arises. This will invariably be considered "make work" by a Plaintiff's Attorney and likely the IC as well. It may also make you more vulnerable to "discrimination" if you accommodate a worker who is a good employee yet fail to accommodate the "problem child".....this occurs fairly often when left to deciding the accommodation on a case by case basis.
Thank you.
Susan Branigan
Braniz Research
I would like a copy of the "Light Duty" policy as well. We are in the process of revamping our Policy Manual and this is an area that is not presently addressed.
Thank You,
Holly Paine
Personnel Manager
[email]hpaine@perdidobeachresort.com[/email]
Please send me a copy of your light duty policy/language.
We currently have the policy in place,but it could use some fine tuning.
Thanks, and MERRY CHRISTMAS!!!
My e-mail is [email]jimmy.jones@tyson.com[/email]
e-mail [email]jimmy.jones@tyson.com[/email]
Thanks!
Please send me your policy if at all possible.We currently have a policy in place,but it needs to be updated.Any help you could give would be much appreciated.
We don't have altered duty for personal injury or illness, only for
work related injury. Getting on my soap box... I hate the term "light
duty". What the heck is that? What's light to you may not be light
to me. Think about changing your terms...it also changes the attitude
of management down the road.
We put survelliance on him for months, with no success. However, his own ego did him in. Turns out he lived in a small rural community, and to get fire insurance he had to join the local volunteer fire department.
On Christmas Eve that year, a section of mainstreet in his town burned to the ground. My "injured" employee was interviewed on all three local 10 PM news programs. He described in a voice-over to video footage, how he climbed a boom ladder, with a fully charged 4 inch hose. My injured employee pointed out how he sprayed down the back wall of a two story building and that it usually was a two man job, but they were short handed so he had to work by himself. The really great part is he actually introduced himself, using his own name, at the start of the interview!
Needless to say, we immediately obtained copies of all three video clips. I scheduled a meeting with our Comp Attorney, and the Employee's counsel for December 26. I believe both the claimant and the attorney ended up doing time for that fraud.
Please email me the 3-phase light-duty program you have in place. My email address is [email]mgeorge@blitzusa.com[/email]
Thanks and Happy New Year!
I did want to say, something that we've done in the past that is a good idea for small employers or anyone who doesn't have the ability to have a light duty position is to "donate" your employee. Here in Ohio, Goodwill Industries have work centers that will find a position that will meet the restrictions of the injured worker. Basically, you pay him/her while they work for this non-profit organization. You also can qualify for tax relief as it's a donation.
I have learned though, it's good to set up a system where you are constantly in contact with both the injured worker and the staff he/she works under and that both parties understand what the restrictions are, all the details of the position, and the code of conduct the employee still has to follow.
Davida Foley
[email]davida.foley@ey.com[/email]
fax: 336-662-6645
Please send me a copy of your 3 phase formal limited duty policy [email]Magestry33010@yahoo.com[/email] or fax 305-507-1414. We are putting one together and would like to see the different approaches.
Thanks
Please send me a copy of your light duty policy [email]Magestry33010@yahoo.com[/email] or fax 305-507-1414. We are putting one together and would like to see different samples.
Thanks
Just ran across your comments on light duty policy. We have a total RTW light duty policy, however we don't have it written in specifics. It's in our handbook and our safety policy, both of which new hires sign receipts for, but perhaps it should be spelled out to avoid the make-work issue and possible ADA complications. Please send me a copy via e-mail if possible. Thanks Butch