How to Devise a Letter to Get Your Injured Employee Back to Work

Tuesday, October 13, 2009 | 0

By Robert Elliott

Here are some tips on how to get your injured employee to turn in a work ability form (WAF). You may call it an injury form or medical treatment form, or some other name.

The work ability form  is the best method to get your injured employee back to work. Studies show the sooner an employee returns, the smoother your workers' compensation procedures run. This is true for both the employee and the employer.

Transitional duties take into account an injured employee's limited or changed abilities is a way to get them back on the job and performing some of their former functions.

It is better to have the worker at your worksite even at lowered production or capabilities than at home recuperating to 100%, a feat which may never happen.

I suggest a formal letter explaining your transitional duty policy to the employee and introducing the work ability form (WAF) to be filled out by the physician.

Here are some tips for your letter:

1. Send it priority mail via the U.S. Postal Service with delivery confirmation.
2. Explain what transitional duty is and that it is a company policy.
3. Let the employee know the transitional job will be reviewed each week as during recuperation.
4. Enclose the work ability form and explain that the employee is required to have the medical provider fill it out.
5. Encourage your employee to let the provider know ALL restrictions can be accommodated by your facility.
6. Let the employee know the form is due back within seven calendar days.
7. Let the employee know the transitional duty job begins on the day the form is returned.
8. Assure your employee the company health director will work with him or her to develop tasks appropriate to their current medical condition and state.
9. Be sure to include the claim number and all relevant addresses and contact information on the letter.

1. Knowing about your states' law in regard to returning an employee to work.
2. Making sure all employees receive the workers' compensation policy.
3. Explaining employee rights, roles and responsibilities.
4. Informing treating physicians about your transitional duty policy.
5. Getting treating physicians to approve transitional duty jobs.
6. Hold weekly meetings with the injured employee returning to work for a transitional duty position. During this time, therapy and treatment may still continue.

1. Remind supervisors of the employee's physical limitations so they do not push him or her to exceed the limitations.
2. Identify transitional duty jobs creatively. Make a wish list of things you'd like to have done but don't have time to do. Consider off-site, work-hardening modified duty programs if you do not have any positions at your workplace.
3. Visit worksites to determine tasks similar to the employee's existing job.
4. Jobs should be meaningful and not demeaning, demoralizing or punitive for the injured employee.
5. Be sure to train the employee in the new position, if needed.
6. Send the transitional duty job offers first class, certified mail with confirmation receipt and enclose a stamped envelope.
7. Be sure not to violate union contracts; work with the unions. For more information, read this article about light duty and the unions: http://reduceyourworkerscomp.com//Return-to-Work-Programs-Unionized-Companies.php.
8. Get medical restrictions from the employee's doctor even if the employee isn't quite ready to return to the work force.
9. Continue to pay the injured employee at their same rate. Consider doing so even if the employee works partial hours to avoid paying lost wage benefits; in many states (e.g. New York) this will reduce future settlements. Be sure to advise your third-party administrator of the strategy. Also consult with your insurance broker's claim analyst about this. (workersxzcompxzkit)
10. Ask the employee for feedback on the transitional duty position — this should begin three to five days after you send the transitional duty offer letter.