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Workers' Compensation Handbook - Chapter 6

Summary: Chapter 6 - Returning to Work
Contents  Index  Previous  Next

• Introduction
• Contact During Injury or Illness
• Return to Work Process
  • Employee’s Transition Back to Work
• Permanent Disability
• Disability Management Services
• Additional UC Services
• Special Selection Services

Introduction

Considerations to be made for an employee staying at work/returning to work after a work-related illness or injury are discussed in this chapter. The topics covered include the following subjects:

• Guidelines for supervisor contact during a workers’ lost work time;
• The process of returning to work, including the time of transition;
• Permanent disability considerations;
• Supplemental job displacement voucher.

Contact During Injury or Illness

Contact between a supervisor and their injured employee is an important part of the injured worker’s recovery. The supervisor needs to maintain contact with an employee whose injury or illness results in time away from work. Employees often are concerned about their finances or job security if forced to sit at home. These concerns can interfere with recovery. Employees may also worry that their injury might interfere with their ability to do the job well upon their return.

The type, frequency, and content of the contact will vary depending upon many factors, including the type of claim and the prior relationship between the supervisor and the employee. Supervisors can consult with UCSC Risk Services personnel regarding the appropriateness of contacting an injured employee.

The supervisor plays an important role in the employee’s recovery and return to work. Supervisors can help the employee feel respected and needed during their recovery period, in the following ways:

• Answer employee’s questions as quickly and accurately as possible.
• Keep the employee up-to-date on any departmental and organizational changes in which the employee might be interested.
• Show interest in the welfare of the employee.
• Let the employee know that you are interested in his or her recovery and successful return to work.
• Show your willingness to return the employee to work even though they may still have some work restrictions.

EXCEPTION: Contact UCSC Risk Services (459-2850) prior to any contact with an injured employee who has filed a psychological or stress claim.

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Stay at Work/Return to Work Process

In most cases, the supervisor should know when an employee is expected back to work by keeping in contact with her/him.

After missing more than three days of work, the employee must provide the unit with a Release to Return to Work form from the treating physician.

This form will indicate whether the employee’s medical condition has returned back to normal or identify any restrictions associated with the employee’s return to work.

The department cannot allow an employee to return to work without first reviewing the Release to Return to Work form. If the employee has been released with temporary restrictions, the supervisor should meet with the employee to determine if a transitional return to work assignment can be provded.

The supervisor must inform UCSC Risk Services (X 92850) as soon as the employee returns to work to avoid overpayment of Workers’ Compensation benefits.

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Employee’s Transition Back to Work

Often an employee may be recovered enough to stay/return to work and perform modified duties before full duties can be performed. The employee’s supervisor has the responsibility to assist employees in making this transition back to work, even if it means that work assignments must be temporarily adjusted.

The employee’s treating physician may determine that the employee can stay/return to work with specific restrictions. The physician should give these restrictions to the employee in writing. These written work restrictions must be provided to the department before the employee is allowed to return to work.

Typical work restrictions may include:

• no lifting or bending
• 25 pound weight limitation
• limited standing.

Supervisors should review the temporary work restrictions with the Transitional Return to Work Coordinator and the employee to avoid any misunderstandings and to decide how the restrictions can best be accommodated. The supervisor and employee should not, however, modify the physician’s written work restrictions without consulting the Transitional Return to Work Coordinator who will contact the physician (and/or others) regarding what modifications, if any, can be made. It is important that job assignments stay within the employee’s abilities as stated in the restrictions.

Sometimes portions of a job can be omitted or assigned to another worker temporarily with lighter modified duties given to the injured worker. At other times, it may be appropriate to assign an injured worker to different duties temporarily. Another option to consider is a simple modification to the work site. A different chair height or rearrangement of a work surface may enable the employee to return to work. The Disability Management Coordinator can provide assistance with temporary work site accommodations.

Important: A supervisor can help speed complete recovery by providing the needed modifications, and a quicker return to normal duties is frequently the result. Temporary transitional assignments should be encouraged and allowed where possible.

Furthermore, Federal law and personnel policies and collective bargaining agreements all require that efforts be made to provide reasonable accommodation (for work restrictions that are considered permanent in nature.)

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Permanent Disability

When the effects of an industrial injury or illness cause a permanent loss of earning power, impairment of the normal use of a body member, or a handicap, there is some permanent disability.

Even if an employee is considered to have a permanent disability, he or she may still be eligible to continue University employment at full salary, depending on the type of disability, their restrictions, and occupation.

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Disability Management Services

Disability Management Services assists employees with permanent disabilities remain functional and employable, return to work, and avoid a long-term disability.

Disability Management Services provides a wide range of services designed to assist employees with an effective disability intervention plan, job retention strategies and with job placement assistance. The Disability Management Coordinator creates and coordinates a plan that returns the employee to productive status as soon as possible. The plan may include one or more of the following aspects:

• Reasonable Accommodation
• Transitional Employment Procedure
• Permanent Modified or Alternative Work Analysis
• Job Analysis: Functional Capacity Evaluation
• Essential and Marginal Job Duties
• Work Site Evaluation Coordination
• Work Adjustment/Work Conditioning Program Coordination

Disability Management Services help employees remain at work or return to work in the following instances:

• Work-incurred injuries covered under Workers’ Compensation.
• Non-work related injuries covered under Employee Paid Disability, and University Paid Disability.
• Long term disability covered under disability retirement University of California Retirement Program (UCRP)

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The Process

After 90 days of aggregate Workers’ Compensation disability, a Job Analysis will often be requested by the Workers’ Compensation Third Party Administrator.

The Disability Management Coordinator will meet with the employee and supervisor to determine the physical demands of the employee’s usual and customary job. If the employee is permanently precluded from returning to his or her usual and customary occupation, the employee may be eligible for Supplemental Job Displacement benefits. The benefit provides a voucher for education-related retraining or skill enhancement for injuries that occur on or after January 1, 2004.

The Disability Management Coordinator will determine the availability of alternative or modified work within 30 days of notification of permanent and stationary status. If the University is able to offer modified or alternative work, it will not be required to provide the Supplemental Job Displacement Benefit.

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Additional UC Services

The following services are also offered in consultation with Human Resources and Disability Management Services:

• Re-Employment or Re-Appointment (placement assistance) to facilitate rehire;
• Potential provision of Special Selection services for qualified employees with a disability when the employee is permanently precluded from returning to their work;
• Provision of Special Re-Employment services for employees who have been medically separated.

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Special Selection Services

Special Selection services provide a mechanism for eligible employees to be considered for job openings before they are offered to the at-large community. These special selection services are offered to qualified employees with a disability when the treating physician has made the determination that the employee is permanently precluded from their work. This service is offered for a period of 90 days.

Emphasis will be placed on the rehabilitation options which are the most cost-effective and least time-consuming (e.g., Retention and Re-Employment).

Last revised: November 02, 2007 (am)