Who Ultimately Decides When an Employee Returns to Work?
Many people can be involved in managing the care of an employee that has been injured on the job. That also means that numerous people may have input as to when an employee is ready to return to work after an accident.
INTRODUCTION
Doctors, adjusters, nurse case managers, vocational counselors, lawyers, unions, and employers can all be involved in the process of coordinating a successful return. But who has the ultimate and final decision about when an employee can safely return to the workplace?
Why, that would be the injured employee, of course.
When all is said and done, despite all of the input, prognostications, and diagnoses of a multitude of experts and professionals, the person who has the ultimate decision regarding return to work is the employee at the center of it all. They can be threatened. They can be forced. They can be cajoled. But if the employee does not believe that it is possible to safely return to the job, or they simply do not want to return, you will not for all your efforts have a successful outcome.
Simply said, the injured employee rules the day when it comes to deciding when and if they should go back to work.
The challenge for employers and all of the people involved in their treatment is to steer the employee towards a positive decision and outcome. And of all of those people, it is the employer that can influence the situation the most.
But what can that employer do?
Maintain a positive work environment
It should go without saying, but if an employee likes their co-workers and their supervisor, and feels appreciated in the workplace, the chances are much higher they will want to return as soon as they are able – if not sooner.
Front line supervisors should be involved and informed of decisions around return to work. They should be well informed regarding any restrictions ̶ not just what they are, but why they are in place. The supervisor needs to “buy in” and understand that the return process is critical both for the company and the employee. It doesn’t matter how good your policies are; if a direct supervisor doesn’t support the effort, it’s all out the window.
A toxic workplace isn’t just bad for profits and business; it is also a deal-breaker when trying to get an employee back on the job. And that is a reality that will cost the employer even more in the long run.
In one word, communicate.
An employer can start setting the stage for a successful recovery and return from the very moment an accident occurs. One simple rule for successful return to work is “talk and keep talking.”
One of the most common complaints heard from recovering workers is that they never hear from their employer. They are, in their minds, “persona non grata” and isolated at one of the most critical times of their lives. The smart employer stays in touch, following up after initial care and checking in periodically to see how their worker is doing. They also continue including them in the distribution of routine company news and information.
They have a lawyer? So what? Talk to them anyway. You don’t have to discuss the case. Any friendly conversation can show concern and keep them connected to their workplace.
Remember, in the absence of clear and open information, cancerous thoughts will grow. An employer ignoring their injured worker is likely one of the biggest factors that lead to litigation and poor return-to-work results.
In one simple phrase, “show you care.”
There are numerous things an employer can do to show compassion and caring for their injured worker. Get well cards, birthday cards, flowers or phone calls are easy and affordable tools to employ. Talk to their spouse. Engage their family. What struggles are they facing, and can you help? Sometimes the smallest efforts can achieve the biggest rewards.
In this area it is critical to understand not just the needs of the worker, but of their family or other support people.
One employer I know discovered that two sets of grandparents, volunteer caretakers for their injured workers’ children, were struggling transferring car seats between vehicles on different days. The employer showed up at the house with two new car seats, so the elderly folks would no longer have to battle with the changeover. In the grander picture, it was a minor expense, but it told the family, “We care.” And while it was a simple effort that took an afternoon, the goodwill it generated can last a lifetime.
Conclusion
So, the best things an employer can do are, maintain a positive work environment, communicate clearly, and show compassion for the worker’s situation. For despite all the efforts of the people around them, the employee is the person who will ultimately make the decision on when they should return to work.
However, an engaged, compassionate employer who communicates clearly and understands the challenges can have tremendous influence in guiding them to that positive decision.
About Robert Wilson President & CEO of Workcompcollege.com
Bob Wilson is a founding partner and President of WorkCompCollege.com, a service dedicated to providing “Whole Person Recovery Management” training and certification for the workers’ compensation industry. Prior to this position he was the co-founder and CEO of WorkersCompensation.com. He spent almost 23 years in that position, where he established innovative data services for the workers’ compensation industry. He is an experienced presenter for the workers’ compensation industry and is the author of “From Bob’s Cluttered Desk”, a blog repeatedly named as a top workers’ compensation blog by LexisNexis. Additionally, he has been named one of the “50 Most Influential People in Workers’ Comp” by the SEAK National Workers’ Compensation and Occupational Medicine Conference and received the Comp Laude Industry Leader Award in 2019. Known for an extraordinary sense of humor, his presentations reflect both entertaining and practical advice for both people managing claims as well as the people “picking up the tab”. Bob serves on the Board of Directors for Kids’ Chance of America, Inc., and is a founding board member and president of Kids Chance of Florida, Inc. He resides with his wife in Bradenton, FL.
R.E.W.A.R.D. PROGRAM: RETURN EMPLOYEES TO WORK AND REDUCE DISABILITIES
The REWARD Program provides resources to improve the recovery process and return employees to work within their physical restrictions as early as possible, which benefits employers and employees. For more information, download the REWARD Toolkit (tn.gov).
MEET WITH LIKE-MINDED EMPLOYEES
The REWARD Employer Support Network is an ever-growing group of Tennessee employers who are interested in (or are already) running great return-to-work programs. Listen and join the discussion on October 26th at 9:30 CDT guided by guest speaker, Jason Parker, President and Senior Work Disability Consultant of Centrix Disability Management Services.
DISCLAIMER
Views expressed in the REWARD Report are solely those of the authors and may not reflect the official policy or position of the Tennessee Bureau of Workers’ Compensation, the Tennessee Court of Workers’ Compensation Claims, the Tennessee Workers’ Compensation Appeals Board, or any other public, private, or nonprofit organization. Information contained in the REWARD Report is for educational purposes only.