Working With What We Know

Saturday, February 14, 2004 | 0

As of January 1, 2004, the vocational rehabilitation benefit for injured workers was eliminated for injured workers with dates of injuries subsequent to 1/1/04 and a job displacement benefit was signed into law under AB 227. Specifics regarding the implementation of the voucher are presently being discussed and the DWC has recently posted their language/terminology recommendations via a draft on 1/27/04 on their website.

The monetary value of the voucher, based on a percentage of disability from 15% to 99%, correlates from $4,000 to $10,000 and may be available to workers unable to return to the workplace through modified or alternative employment.

Certainly, many questions abound as to exactly how this system will be publicized, accessed and implemented by claims adjustors needing to maintain compliance with notice requirements, employers needing to take action and disabled workers wanting to avail themselves of return to work assistance.

In the interim, while all of the questions are being addressed, there are some preliminary strategies claims adjustors can execute with the information that is presently available, both to promote early return to work programs to their employers and how to implement the supplemental job displacement benefit.

Work constitutes an essential and major component of people's lives. Studies show us that disabled employees and employers benefit tremendously from early return to work programs that support a transition to the pre-injury work status. Some of the many benefits for the employer that adjustors can endorse include a decrease in medical and litigation expense, lost work time and a reduction in replacement labor costs. For the injured employee, they have the opportunity to rebuild their self-esteem and return to a state of self-sufficiency.

Insurance adjustors can be instrumental in helping their employers return injured workers back to work as soon as is medically viable. Sound planning for an employee's return to work starts on the FIRST DAY following an injury. Communication by the parties is essential to a successful return to work endeavor, both in the workplace and via the supplemental job displacement benefit.

Adjustors can assist their employers by encouraging a system of education and communication between supervisors, the injured employee and the treating physician, in a team effort. . All must have a vested interest in the process if a successful outcome is to be accomplished.

Some of the areas requiring clarification are:

*Determine the abilities and limits (functional capacity) of the employee subsequent to the injury and during medical rehabilitation
*Obtain medical information from the treating physician to clarify work restrictions
*Explore worksite modifications
*Establish a diary process to closely monitor the employee's medical status

Many job modifications or ergonomic strategies cost the employer less than $500. A successful return to work endeavor will require education regarding disability management, changing attitudes, being flexible and proactive and ensuring that the communication lines remain open.

Disability management specialists can offer assistance to insurance adjustors and their employers by facilitating communication among the parties. Trained in counseling, disability and/or medical management, they can offer help to the employer who has numerous questions regarding return to work issues. With their expertise, they can greatly facilitate both early return to work programs and executing the job displacement benefit by offering an array of services in the process. They understand the specific challenges facing a disabled worker and the barriers needing to be surmounted by all involved.

Here are some preliminary ideas for claims adjustors to convey to employers:

*Develop job descriptions and/or obtain a job analysis to identify jobs or tasks an injured employee may be able to perform; present to physician and determine if medically appropriate
*Train staff, primarily supervisors, and ensure they will be accountable for carrying out the return to work program
*Ensure that the prompt reporting of claims by employers is transpiring in order to take action, be proactive and maintain compliance with timelines
*Identify and designate who will maintain contact with injured employees off work; be certain all parties communicate the steps being instituted to help them return to work, while letting them know they are valued
*Develop good communication with the medical providers or clinics treating the injured employees; establish a spirit of cooperation to solicit a prompt reply to questions concerning medical status
*Consider utilizing the services of an objective, trained Vocational and Return to Work Counselor (VRTWC) to serve as a neutral party to foster communication and explore workplace options with the employer
*Once medical limitations are determined, explore changing or excluding certain tasks and time devoted to those tasks, modifying the work station or changing work location and providing equipment or tools to enable the injured employee to perform the duties

And, regarding the supplemental job displacement voucher, develop written materials that are easy to understand, keep communication lines open and consider utilizing the services of a VRTWC, who is well-familiar with fears and barriers, to present the information, in-person to the injured employee who is not able to return to their usual and customary position in the workplace. These professionals are skilled in assisting injured and disabled workers in focusing on sound vocational choices and utilizing reputable training facilities geared toward developing the skills necessary for returning to the world of work.

We will all anxiously await further clarification regarding the supplemental job displacement voucher from the DWC. Once the specific language and benefit regulations are determined, more strategies for executing the process, in the most beneficial way possible, will be offered.

Submitted by: Jamie Charter, California Association of Rehabilitation and Reemployment Professionals (CARRP) Newsletter Editor .

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