Yesterday attorney David Schmit, founder of Schmit Law in Oakland, addressed some common (yet vexing) return-to-work questions. Today, his thoughts on a few more—plus an introduction to a workers’ comp webinar you won’t want to miss.
For yesterday’s Q&A, click here.
Q. We have a situation with an employee who has been out of work for some time. This person did return to work briefly, but now has a litigated claim that states that they must see a doctor before returning to work again. The employee did not inform the supervisor of such a requirement and has worked three shifts since this claim has been in litigation. Does that negate the claim that the associate cannot work without medical approval?
A. It appears as though the time worked was contrary to doctor’s orders. As evidence, it doesn’t necessarily prove anything. Sometimes we do things we shouldn’t when we’re injured (and we can tolerate these things for a certain amount of time).
As an employer, you’re in the best spot you can be when you’re strictly following the doctor’s advice. In this case, it doesn’t appear as though you’ve got a situation where there is a question over the injury. You’re in a good spot if you just follow the doctor’s advice now.
Return to Work: Building an Effective Program That Gets Injured Employees Back to Work Quickly—webinar Thursday! Learn more.
Q. We have an employee who is in an engineering position (a draftsman) who has been unable to perform his job due to carpal tunnel. The exact designation of carpal tunnel is assumed but has not been officially designated; the determination has been ongoing for 6 months. Meanwhile, the quality of the employee’s work is not up-to-par. He does about 25 percent of the work anyone else does. We are concerned about how to discipline the employee or take further action without putting the company in jeopardy.
A. If the quantity and quality of the work is deficient, this is where you need to focus your attention. Document that. Even though quality can be difficult to document objectively, you need to do the best you can.
Keep your documentation away from anything related to the carpal tunnel syndrome. Focus on the deficiencies in the performance—that’s the key. (This may be complicated by the deficiencies being caused by the carpal tunnel).
Your company has the right to run efficiently and profitably. You may have to put him on temporary disability until he’s able to come back full-time and meet your productivity and quality standards. Work with your workers’ compensation carrier on that.
Return to Work: Building an Effective Program That Gets Injured Employees Back to Work Quickly
Live webinar coming this Thursday!
October 10, 2013
10:30 a.m. to Noon Pacific
There are a number of ways to effectively deal with employee injuries, OSHA recordkeeping, and workers’ compensation costs. One of the most successful methods is to implement a comprehensive return-to-work (RTW) program.
Companies that have RTW programs in place can reduce workers’ compensation costs, including temporary disability, medical, rehabilitation, and re-training, while getting employees back to their assigned positions more quickly.
Setting up an RTW program requires a level of effort and commitment that, when done correctly, will yield positive results to your organization’s bottom line.
Despite the tremendous benefits of having an effective RTW program in place, many companies do not have one for a variety of reasons—maybe they think it’s too difficult or that it didn’t work in the past so it’s not worth trying again.
Regardless of the reason, a comprehensive RTW program can keep your organization on the right track. Learn more about building and managing a successful RTW program at this interactive webinar for both HR and safety professionals.
You’ll learn:
- OSHA recordkeeping and return-to-work requirements
- The relationship between return-to-work and workers’ compensation, the ADA, FMLA, OSHA, and other laws
- The benefits of a comprehensive RTW program, and how to evaluate your existing one
- What a successful RTW program looks like
- How to prepare a return-to-work policy
- Essential elements to include in your RTW program
- How to generate the commitment from senior management for your RTW program
- Who should be involved in the development and implementation of your RTW program, including safety, medical, legal, HR, production, and maintenance
- Successful ways for working closely with your medical providers and treating physician
- Best practices for documenting the requirements for permanent and transitional jobs to better work with medical staff
- How to ensure that supervisors understand and follow the RTW process, including complying with medical limitations
- How to prepare successful and practical individual RTW plans
- How to address employee and union concerns that may arise
- Strategies for finding and evaluating outside resources to help you in developing and implementing your RTW program
In just 90 minutes, you’ll learn tips for implementing a successful RTW program. Register now for this informative event risk-free.
Download your copy of Paying Overtime: 10 Key Exemption Concepts today!