{"id":6879,"date":"2013-10-01T00:00:00","date_gmt":"2013-10-01T00:00:00","guid":{"rendered":"https:\/\/insulation.org\/io\/articles\/using-transitional-duty-to-return-employees-to-work-after-an-injury\/"},"modified":"2013-10-01T00:00:00","modified_gmt":"2013-10-01T00:00:00","slug":"using-transitional-duty-to-return-employees-to-work-after-an-injury","status":"publish","type":"articles","link":"https:\/\/insulation.org\/io\/articles\/using-transitional-duty-to-return-employees-to-work-after-an-injury\/","title":{"rendered":"Using Transitional Duty to Return Employees to Work After an Injury"},"content":{"rendered":"<p MsoNormal ':justify;:120%;:\nnone;:middle'><span 'color:black'>As employers, we all<br \/>\nstrive to avoid work-related injuries to our employees. We do this because we<br \/>\ndo not want to see any of our employees injured, but also because of the costs<br \/>\nassociated with work-related injuries. Work-related injuries that lead to lost<br \/>\ntime usually result in an increase in our experience modification rate, which<br \/>\nultimately affects our workers&#8217; compensation insurance premium. These premium<br \/>\nincreases can cost a company tens of thousands of dollars each year for several<br \/>\nyears after the industrial injury. In many cases, the cost of the claim and the<br \/>\nreserves set by the insurance carrier stay with the employer several years<br \/>\nafter the date of injury; and, in some cases, even longer.<\/span><\/p>\n<p MsoNormal ':justify;:13.5pt;:\n120%;:none;:middle'><span 'color:black'>Of<br \/>\ncourse, the surest way to avoid these costs is to prevent on-the-job injuries<br \/>\nand the lost time from such injuries. As much as we would all like this to<br \/>\nhappen, many employers may face issues stemming from on-the-job injuries, even<br \/>\nwith preventative measures, safety tools, and proper training. If an injury<br \/>\noccurs, employers are likely to experience a lost time workers&#8217; compensation<br \/>\nclaim.<\/span><\/p>\n<p MsoNormal ':justify;:13.5pt;:\n120%;:none;:middle'><span 'color:black'>After<br \/>\nan employee suffers an on-the-job injury, an employer&#8217;s first concern is to get<br \/>\nthat individual the proper treatment so that the employee can begin the healing<br \/>\nprocess as soon as possible. In most cases, you want to see that the employee<br \/>\nhas sufficient time to rest and recover after receiving whatever treatment is<br \/>\nnecessary. A wise employer begins planning for the employee&#8217;s return to work<br \/>\nalmost as soon as he or she is aware of the nature of the employee&#8217;s injuries<br \/>\nand the prognosis for recovery.<\/span><\/p>\n<p MsoNormal ':justify;:13.5pt;:\n120%;:none;:middle'><span 'color:black'>One<br \/>\nof the best methods for keeping your workers&#8217; compensation costs under control<br \/>\nis to minimize the cost of lost time benefits paid to the injured worker while<br \/>\nrecovering. To this end, many employers strive to get the employee back to work<br \/>\nin at least a transitional duty capacity as soon as the employee is ready and<br \/>\nis able to do so from a medical perspective. To return an employee to work in a<br \/>\nlight-duty capacity requires the cooperation of several different entities that<br \/>\ntouch upon the employee&#8217;s workers&#8217; compensation claim. The most critical of<br \/>\nthese are the employee and his\/her desire to return to work; the company, and<br \/>\nits desire to bring back the injured worker as soon as possible; and the<br \/>\nemployee&#8217;s physician of record (POR) and his or her willingness to release the<br \/>\npatient to some form of transitional duty.<\/span><\/p>\n<p MsoNormal ':justify;:13.5pt;:\n120%;:none;:middle'><span 'color:black'>Several<br \/>\ndifferent scenarios can play out with regard to an employee returning to work<br \/>\nin a transitional duty capacity. The first one that we will examine involves an<br \/>\nemployee who wants to return to work, an employer that is able to provide<br \/>\ntransitional duty, and a POR who sees the value in getting the employee back to<br \/>\nwork as soon as he\/she is able. Most employers see the value of returning an<br \/>\nemployee to work as soon as possible because doing so will enable the employee<br \/>\nto return to the regular workforce more quickly and will reduce the employer&#8217;s<br \/>\nexposure in workers&#8217; compensation. Because most, if not all, transitional duty<br \/>\nscenarios may require the employer or its representative to work with the POR,<br \/>\na Health Insurance Portability and Accountablity Act (HIPAA) compliant signed<br \/>\nmedical release should be obtained from the employee directly or through his or<br \/>\nher\u00a0 representative. Also, the employer must be mindful of any restrictions in<br \/>\ncommunicating with the employee directly if the employee is represented by an<br \/>\nattorney. In this scenario, there are still several concerns. <\/span><\/p>\n<p><UL><\/p>\n<p MsoListParagraphCxSpFirst ':26.1pt;:justify;\n:-.25in;:120%;:none;:middle'><LI><br \/>\n<\/span>The physician must provide realistic restrictions for the employee in<br \/>\ntransitional duty. The employer will recognize that not all available jobs meet<br \/>\nthe restrictions. It is important that the employer only bring the employee<br \/>\nback to transitional duty if it has a job that meets the physician&#8217;s<br \/>\nrestrictions. The employee and the restrictions should be reviewed periodically<br \/>\nby the physician. As the employee continues to improve, the restrictions should<br \/>\nbe adjusted and, it is hoped, relaxed on a regular basis. As this occurs, the<br \/>\nemployee can be moved into more demanding jobs.<\/p>\n<p MsoListParagraphCxSpMiddle ':26.1pt;:justify;\n:-.25in;:120%;:none;:middle'><LI><br \/>\n<\/span>The position the employer provides the employee must fall within the<br \/>\nrestrictions placed upon the employee by the POR.<\/p>\n<p MsoListParagraphCxSpMiddle ':26.1pt;:justify;\n:-.25in;:120%;:none;:middle'><LI><br \/>\n<\/span>The employer needs to, whenever possible, provide a real job for the<br \/>\nemployee. Having the employee sit in a windowless room with a table and a clock<br \/>\non the wall, counting paper clips, will not help the employee and will not<br \/>\nhasten his\/her return to regular duty. In fact, this type of &#8220;transitional<br \/>\nduty&#8221; may create other significant morale problems with the employee and the<br \/>\nrest of the employer&#8217;s workforce and should be avoided.<\/p>\n<p MsoListParagraphCxSpMiddle ':26.1pt;:justify;\n:-.25in;:120%;:none;:middle'><LI><br \/>\n<\/span>The employer must ensure that the employee&#8217;s immediate supervisor and<br \/>\nall other supervisory personnel who may interact with that employee understand<br \/>\nthat any work assigned while the employee is working in transitional duty must<br \/>\nbe within the current restrictions provided by the physician of record.<\/p>\n<p MsoListParagraphCxSpMiddle ':26.1pt;:justify;\n:-.25in;:120%;:none;:middle'><LI><br \/>\n<\/span>The employer must be careful of a transitional duty employee who lobbies<br \/>\nthe doctor to release him\/her from restrictions after only a brief period of<br \/>\ntime. It benefits no one for the employee to be returned to his\/her former<br \/>\nposition of employment before being physically ready to do so. This situation<br \/>\ncan lead to re-injury, aggravation of the existing injury, or a new injury&mdash;all<br \/>\nof which are harmful to both the employee and the employer.<\/p>\n<p MsoListParagraphCxSpLast ':26.1pt;:justify;\n:-.25in;:120%;:none;:middle'><LI><br \/>\n<\/span>If the employer suspects the situation described above is occurring, the<br \/>\nemployer should consider reminding the treating physician of the employee&#8217;s<br \/>\nearlier restrictions and\/or seeking an independent medical evaluation of the<br \/>\nemployee (a second opinion) to determine whether the employee&#8217;s physical<br \/>\ncondition justifies a complete release from all restrictions.<\/p>\n<p><\/UL><\/p>\n<p MsoNormal ':justify;:13.5pt;:\n120%;:none;:middle'><span 'color:black'>Another<br \/>\npotential scenario is one in which an injured worker is reluctant or completely<br \/>\nunwilling to return to transitional duty, and a physician who wants (or is<br \/>\nwilling) to work with the employee to keep him\/her off work. This type of<br \/>\nsituation may proceed along the lines outlined in the first scenario; however,<br \/>\nthe employer will need to be much more careful and may need to take additional<br \/>\nsteps to establish a job for the employee within the work restrictions<br \/>\nestablished by the physician. In this scenario, the treating doctor is most likely<br \/>\naccepting the employee&#8217;s subjective complaints. Thus, the treating physician<br \/>\ncontinues to keep the employee on full restriction and is unwilling to consider<br \/>\ntransitional duty.\u00a0 The employer may have to seek a second opinion to establish<br \/>\nrestrictions under which the employee can work in transitional duty. If this<br \/>\noccurs, the employer may even have to go before the state Industrial Commission<br \/>\nor Industrial Review Board to obtain an order directing the employee to accept<br \/>\nthe transitional duty position. <\/span><\/p>\n<p MsoNormal ':justify;:13.5pt;:\n120%;:none;:middle'><span 'color:black'>In<br \/>\nsuch a situation, an employer wishing to return the claimant to work usually<br \/>\nhas 2 options. If the employer has a release signed by the employee, the<br \/>\nemployer can contact the employee&#8217;s POR and inquire if the employee is able to<br \/>\nperform any restricted duty. If this communication is permissible under state<br \/>\nlaw, the employer will want to inform the treating physician that there is<br \/>\ntransitional duty available and that the employer is interested in knowing what<br \/>\nrestrictions the physician recommends for the injured worker. It is usually a<br \/>\ngood idea for the employer to refrain from providing job descriptions to the<br \/>\nPOR until the initial set of restrictions has been received. <\/span><\/p>\n<p MsoNormal ':justify;:13.5pt;:\n120%;:none;:middle'><span 'color:black'>If<br \/>\nthe POR provides a list of restrictions for the employee, the employer should<br \/>\nreview those restrictions, select an appropriate job, and ask the physician if<br \/>\nthat job is acceptable.<\/span><\/p>\n<p MsoNormal ':justify;:13.5pt;:\n120%;:none;:middle'><span 'color:black'>\u00a0If<br \/>\nthe treating physician is unwilling to provide restrictions for the employee,<br \/>\nthe employer may need to schedule an independent medical evaluation of the employee<br \/>\n(a second opinion) to see how a third-party doctor feels about the employee&#8217;s<br \/>\ncondition and whether that doctor is willing to place established restrictions<br \/>\non the employee&#8217;s ability to return to work. Depending on the state in which<br \/>\nthe employer is located, the workers&#8217; compensation program may or may not cover<br \/>\nthe employee&#8217;s injury. Even if a third-party physician provides workable<br \/>\nrestrictions for the employee, the employer may have to go before the<br \/>\nIndustrial Commission, or another organization that administers the state&#8217;s<br \/>\nworkers&#8217; compensation program, to get its approval for transitional duty. This<br \/>\nroute should be taken cautiously, as there can be some risks with a scenario in<br \/>\nwhich the employer appears to be forcing an employee back into the workforce in<br \/>\ntransitional duty. These risks include:<\/span><\/p>\n<p><UL><\/p>\n<p MsoListParagraphCxSpFirst ':26.1pt;:justify;\n:-.25in;:120%;:none;:middle'><LI><br \/>\n<\/span>The employee complains that the supervisors are working him\/her outside<br \/>\nthe restrictions provided by either the treating POR or by the third-party<br \/>\nphysician.<\/p>\n<p MsoListParagraphCxSpMiddle ':26.1pt;:justify;\n:-.25in;:120%;:none;:middle'><LI><br \/>\n<\/span>The employee sees this as an opportunity to feign a new injury or claim<br \/>\naggravation of the existing work-related injury to get back on temporary total<br \/>\ndisability and back into more regular medical care.<\/p>\n<p MsoListParagraphCxSpMiddle ':26.1pt;:justify;\n:-.25in;:120%;:none;:middle'><LI><br \/>\n<\/span><\/span><span ':-.1pt'>The employee files a complaint<br \/>\nwith the Occupational Safety and Health Administration relating to the original<br \/>\ninjury or for a different reason.<\/span><\/p>\n<p MsoListParagraphCxSpLast ':26.1pt;:justify;\n:-.25in;:120%;:none;:middle'><LI><br \/>\n<\/span>The employee&#8217;s attitude and work ethic creates a morale issue for other<br \/>\nemployees who are continuing to work because of the injured worker&#8217;s refusal to<br \/>\nfulfill the requirements of the transitional duty job. Frequently, this places<br \/>\nan additional workload on other, non-injured employees and can lead to<br \/>\nfrustration, conflict, and an excessively volatile work environment that may<br \/>\ndisrupt operations.<\/p>\n<p><\/UL><\/p>\n<p MsoNormal ':justify;:13.5pt;:\n120%;:none;:middle'><span 'color:black'>In<br \/>\nthis situation, the employer needs to ensure that all supervisory employees<br \/>\nunderstand the absolute necessity of not permitting the employee to do anything<br \/>\nthat exceeds the restrictions placed upon him\/her by the POR or by a<br \/>\nthird-party examining physician.<\/span><\/p>\n<p MsoNormal ':justify;:13.5pt;:\n120%;:none;:middle'><span 'color:black'>There<br \/>\nare some basic considerations for any employer returning or trying to return an<br \/>\nemployee to a transitional duty position. First, the transitional position<br \/>\nshould be real work, not a &#8220;make work&#8221; type of job. Employers should remember<br \/>\nthat transitional duty is not an opportunity to punish the employee for getting<br \/>\nhurt on the job. A meaningless job may affect the injured employee&#8217;s morale,<br \/>\nand that could spill over to other employees. In addition, depending on where<br \/>\nthe employer is located, the state may not consider it to be assigning real<br \/>\ntransitional duty; if petitioned by the employee, the state may return the<br \/>\nemployee back to total disability. Transitional duty always should be viewed as<br \/>\na means to get the employee back into the workforce in an expeditious manner,<br \/>\nand as a way to aid recovery by allowing the employee to slowly get<br \/>\nre-accustomed to handling the physical requirements of his\/her regular job. <\/span><\/p>\n<p MsoNormal ':justify;:13.5pt;:\n120%;:none;:middle'><span 'color:black;\n:.1pt'>Second, employers must consistently stick with the<br \/>\nrestrictions placed upon the employee by the examining physician, whether that<br \/>\nis the <\/span><span 'color:black'>POR <span ':.1pt'>or<br \/>\na third-party physician used by employer to determine work restrictions for the<br \/>\nemployee. By failing to adhere to those restrictions, permitting supervisors to<br \/>\nwork the employee outside the restrictions, employers may find themselves with<br \/>\na brand new injury, a reoccurrence of the earlier injury, or an aggravation of<br \/>\nthe former injury&mdash;any one of which can result in a renewed period of temporary<br \/>\ntotal disability and possibly even additional significant medical care and<br \/>\ntreatment. <\/span><\/span><\/p>\n<p MsoNormal ':justify;:13.5pt;:\n120%;:none;:middle'><span 'color:black'>Third,<br \/>\nwhen an employer is, in effect, forcing an injured employee to return to<br \/>\ntransitional duty, the employer may be placing that employee in a situation<br \/>\nthat can be used by the employee to reinjure himself\/herself in an effort to<br \/>\nget back on total disability or even to file a new claim&mdash;which obviously<br \/>\ndefeats the purpose of transitional duty. <\/span><\/p>\n<p MsoNormal ':justify;:13.5pt;:\n120%;:none;:middle'><span 'color:black;\n:-.2pt'>Finally, when contemplating using transitional duty,<br \/>\nemployers should be sure they understand their obligations under the Americans<br \/>\nwith Disabilities Act, the Family and Medical Leave Act, and their state&#8217;s<br \/>\nworkers&#8217; compensation laws.<\/span><\/p>\n<p MsoNormal ':justify;:13.5pt;:\n120%;:none;:middle'><span 'color:black;\n:.1pt'>Transitional duty offers an opportunity to reduce the<br \/>\nimpact of work-related injuries on your workers&#8217; compensation premium and<br \/>\npotentially allows an employee to return to work more quickly. However, it must<br \/>\nbe handled with special care and diligence to ensure your employees&#8217; and your<br \/>\ncompany&#8217;s interests are protected. Handled properly, it is a valuable tool that<br \/>\nenables employers to reduce the cost of workers&#8217; compensation claims and<br \/>\nbenefit their employees.<\/span><\/p>\n<p MsoNormal ':120%;:none;:\nmiddle'><font color=\"#FF8040\"><b><u>SIDEBAR<\/u><\/b><\/font><\/p>\n<p SideBarText><span ':11.0pt;:120%;:\n\"Calibri\",\"sans-serif\";color:windowtext'>An experience modification rate (EMR)<br \/>\nis a number used by insurance companies to assess the past cost of a business&#8217;s<br \/>\nemployee injuries and its rate of risk for future injuries. A lower EMR will<br \/>\nlead to lower workers&#8217; compensation insurance premiums, while a higher EMR will<br \/>\nlead to more expensive premiums. EMRs are calculated through a formula<br \/>\nestablished by the National Council on Compensation Insurance and take into<br \/>\naccount the type of business it is evaluating, as well as each business&#8217;s<br \/>\nhistory with employee injuries. Frequently, one of the most significant<br \/>\ncomponents to this calculation is the amount of lost time benefits paid to<br \/>\ninjured workers.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>As employers, we all strive to avoid work-related injuries to our employees. We do this because we do not want to see any of our employees injured, but also because of the costs associated with work-related injuries. Work-related injuries that lead to lost time usually result in an increase in our experience modification rate, which<\/p>\n","protected":false},"author":[44],"featured_media":0,"template":"","categories":[24,21,32],"class_list":["post-6879","articles","type-articles","status-publish","hentry","category-contracting","category-business-managment","category-health-and-safety","author-gary-auman"],"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO Premium plugin v24.0 (Yoast SEO v24.6) - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>Using Transitional Duty to Return Employees to Work After an Injury - Insulation Outlook Magazine<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/insulation.org\/io\/articles\/using-transitional-duty-to-return-employees-to-work-after-an-injury\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Using Transitional Duty to Return Employees to Work After an Injury\" \/>\n<meta property=\"og:description\" content=\"As employers, we all strive to avoid work-related injuries to our employees. We do this because we do not want to see any of our employees injured, but also because of the costs associated with work-related injuries. Work-related injuries that lead to lost time usually result in an increase in our experience modification rate, which\" \/>\n<meta property=\"og:url\" content=\"https:\/\/insulation.org\/io\/articles\/using-transitional-duty-to-return-employees-to-work-after-an-injury\/\" \/>\n<meta property=\"og:site_name\" content=\"Insulation Outlook Magazine\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data1\" content=\"11 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"WebPage\",\"@id\":\"https:\/\/insulation.org\/io\/articles\/using-transitional-duty-to-return-employees-to-work-after-an-injury\/\",\"url\":\"https:\/\/insulation.org\/io\/articles\/using-transitional-duty-to-return-employees-to-work-after-an-injury\/\",\"name\":\"Using Transitional Duty to Return Employees to Work After an Injury - Insulation Outlook Magazine\",\"isPartOf\":{\"@id\":\"https:\/\/insulation.org\/io\/#website\"},\"datePublished\":\"2013-10-01T00:00:00+00:00\",\"breadcrumb\":{\"@id\":\"https:\/\/insulation.org\/io\/articles\/using-transitional-duty-to-return-employees-to-work-after-an-injury\/#breadcrumb\"},\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\/\/insulation.org\/io\/articles\/using-transitional-duty-to-return-employees-to-work-after-an-injury\/\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\/\/insulation.org\/io\/articles\/using-transitional-duty-to-return-employees-to-work-after-an-injury\/#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\/\/insulation.org\/io\/\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"Using Transitional Duty to Return Employees to Work After an Injury\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\/\/insulation.org\/io\/#website\",\"url\":\"https:\/\/insulation.org\/io\/\",\"name\":\"Insulation Outlook Magazine\",\"description\":\"The only global magazine dedicated to insulation.\",\"publisher\":{\"@id\":\"https:\/\/insulation.org\/io\/#organization\"},\"potentialAction\":[{\"@type\":\"SearchAction\",\"target\":{\"@type\":\"EntryPoint\",\"urlTemplate\":\"https:\/\/insulation.org\/io\/?s={search_term_string}\"},\"query-input\":{\"@type\":\"PropertyValueSpecification\",\"valueRequired\":true,\"valueName\":\"search_term_string\"}}],\"inLanguage\":\"en-US\"},{\"@type\":\"Organization\",\"@id\":\"https:\/\/insulation.org\/io\/#organization\",\"name\":\"National Insulation Association\",\"url\":\"https:\/\/insulation.org\/io\/\",\"logo\":{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\/\/insulation.org\/io\/#\/schema\/logo\/image\/\",\"url\":\"https:\/\/insulation.org\/io\/wp-content\/uploads\/sites\/3\/2016\/10\/insulation-outlook-logo.png\",\"contentUrl\":\"https:\/\/insulation.org\/io\/wp-content\/uploads\/sites\/3\/2016\/10\/insulation-outlook-logo.png\",\"width\":229,\"height\":90,\"caption\":\"National Insulation Association\"},\"image\":{\"@id\":\"https:\/\/insulation.org\/io\/#\/schema\/logo\/image\/\"}}]}<\/script>\n<!-- \/ Yoast SEO Premium plugin. -->","yoast_head_json":{"title":"Using Transitional Duty to Return Employees to Work After an Injury - Insulation Outlook Magazine","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/insulation.org\/io\/articles\/using-transitional-duty-to-return-employees-to-work-after-an-injury\/","og_locale":"en_US","og_type":"article","og_title":"Using Transitional Duty to Return Employees to Work After an Injury","og_description":"As employers, we all strive to avoid work-related injuries to our employees. 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