If Return to Work Management landed on your desk – and you need help navigating the system this course is for you. Remember, employers are facing unique return to work challenges that were unheard-of a decade ago. Return to work is no longer a problem for the Risk Management  Department or the Safety Department it is a critical compliance issue for Human Resources Professionals. 

Key Benefits of Attending: 

• Gain a complete understanding of the return to work process.
• Learn the key benefits and ROI of implementing a return to work program – and learn how to sell it within your organization.
• Discover best practices and critical strategies to implement a successful program.
• Avoid legal pitfalls and the “Bermuda Triangle” ADA, FMLA and Workers Comp – mistakes that result in costly litigation.
• Ensure that your company’s Return to Work policies and practices are up to date and that your supervisors and managers are complying with legal standards.
• Learn how to manage injuries and injured employees effectively and get injured employees back to work.

Upcoming Schedule & Fees: – Click Here to Register or get more information

Attendees must have a basic understanding of workers compensation injury management to completely benefit from this course. If you do not have basic understanding of workers compensation we suggest that you register for our Intro to Workers Compensation Online Course before registering for this class.

Related Seminars

• Certified Workers Compensation Return to Work Coordinator

If Return to Work Management landed on your desk – and you need help navigating the system this course is for you. Remember, employers are facing unique return to work challenges that were unheard-of a decade ago. Return to work is no longer a problem for the Risk Management  Department or the Safety Department it is a critical compliance issue for Human Resources Professionals. 

Key Benefits of Attending: 

• Gain a complete understanding of the return to work process.
• Learn the key benefits and ROI of implementing a return to work program – and learn how to sell it within your organization.
• Discover best practices and critical strategies to implement a successful program.
• Avoid legal pitfalls and the “Bermuda Triangle” ADA, FMLA and Workers Comp – mistakes that result in costly litigation.
• Ensure that your company’s Return to Work policies and practices are up to date and that your supervisors and managers are complying with legal standards.
• Learn how to manage injuries and injured employees effectively and get injured employees back to work.

Upcoming Schedule & Fees: – Click Here to Register or get more information

Attendees must have a basic understanding of workers compensation injury management to completely benefit from this course. If you do not have basic understanding of workers compensation we suggest that you register for our Intro to Workers Compensation Online Course before registering for this class.

Related Seminars

• Certified Workers Comp Return to Work Coordinator Training Class Start January 18, 2012

Those opposed to Early Return to Work Program argue that we are spending too much money to get employees who really don’t want to work back into the workforce. 

Those in favor of Return to Work Programs argue that they are doing a great job and saving the company money, even if the employee is kicking and screaming through the entire process. 

We could argue that return to work programs are viable but stakeholders do not know how to sell the benefits of the program to upper management and they don’t know how to insulate themselves from people who are averse to having a return to work program in place. 

We could argue that – not every employee fits into the Return to Work cookie cutter and some to them just need to be sent home with a settlement check. 

A case can be made that Return to Work Programs are a relic or novelty that should go the way of the dinosaur – into extinction.  

A stronger argument could be made that employees who are injured and really want to come back to work will show up – without your “Early Intervention” and Return to Work Programs. Making that case that what you do everyday is not necessary because most injured employees fit this category. 

This workshop will make a compelling case that what we perceive as “return to work issues” are really human resources problems morphed into workers’ compensation.

We will show attendees how to develop and present the strongest business case to keep Early Return to Work Programs viable in their organization. We will teach attendees how to sell success. We will show you how to use raw data to support your Return to Work Program and use the same data to decide when getting the employee back in door doesn’t make good business sense. In between all of this we will mesh ADA compliance and FMLA issues as well as dealing with physicians, adjusters and other stakeholders in the workers’ comp system to make your program more effective. 

What We Will Cover:

• Clearly articulate the pros and cons of Early Return to Work Programs
• Build a business cases that is focused on dollars and cents – savings vs. cost
• We will evaluate the effectiveness of adding all the bells and whistles to your program – is it really worth it?
• What should it really cost to get someone back to work successfully?
• Evaluate the strengths, weaknesses, opportunities and threats
• We will give you a clear idea how prepare a persuasive and logical argument for maintaining an Early Return to Work Program or adding one to your existing workers’ compensation injury management process.

Who Should Attend:

Anyone who’s managing workers’ compensation return to work programs for their organization. If you can not make the business case for return to work – you need to participate in this program. If you’re stuck in the supervisors hate me because I just told them to take an injured employee back to work – you need to register now. If your company is debating adding return to work to your “things to implement list” – this is a program you can’t afford to miss. If cutting cost is your primary goal and deciding if your return to work program should be on the chopping block – you need to register and hang on for the ride. 

Program time:  2 hour Interactive Webcasts: 

• January 19, 2011 – 2:00pm Eastern-time
• March 10, 2011 – 2:00pm Eastern-time

Cost: $79.00  – Per Attendee 

Related Seminars

• 6.2 Million Reasons to Implement a Proactive Workers Compensation Return to Work Program
• Employee Training: The Key to Controlling Your Workers Compensation Cost

Friday, November 12, 2010 – Same location and Time – But you must register!  – Location – Hyatt Summerfield Suites, Miami Florida

Click Here to Register

How do you strategically define and measure the value of injury management to your organization?

It’s a critical question in today’s economic climate. Traditional workers compensation claims management techniques may not provide the answers to the emerging litigation trends. This workshop will explore three core components of injury management and evaluate emerging trends in: early intervention, employment litigation and claims management.

How You Will Benefit By Attending:

• Learn how to evaluate your HR exposure as you manage the injury
• Learn how to be proactive and little less reactive
• Get a realistic view of the “new” playing field – “I’m going to sue you, it’s just a matter of when”
• Learn how to guard against opening the employment litigation door
• Learn how to add value to your workers comp program as budgets shrink
• Learn how to maintain the polices that work and revamp the one’s that don’t
• Learn the importance of early treatment intervention and proactive return to work policies

Added Bonus – We will review: The New Drug Testing Requirements and Using Surveillance as an Effective Injury Management Tool

Agenda: – Registration Starts at: 12:30 pm

1:00 pm – 1:45 pm – When Workers Comp Injuries Spiral Out of Control – Margaret Spence

1:45 pm – 2:30 pm – A Case Study in Early Diagnosis and Treatment – Dr. Richard Spirer

2:30 pm – 3:15 pm – Emerging Trends in Workers Compensation – Marty Davis, Esq.

3:15 pm – 3:30 pm – Coffee Clutch – Break

3:30 pm – 3:50 pm – New Drug Testing Rules You Need to Know – Patrick Armstrong

3:50 pm – 4:15 pm – The Art of Surveillance – Is It an Effective Injury Management Tool? – Julie Mclntyre, ACA (S.K.I. Investigations, inc.)

4:15 pm – 4:30 pm – Q&A

Speakers:

Dr. Richard Spirer – Medical Director – Physicians Health Center: – www.physicianshealthcenter.com

Dr. Spirer is a Diplomat of the American Board of Emergency Medicine. He received his M.D. at the University of Miami and did his postgraduate training at Jackson Memorial Hospital. He spent 25 years as an active Emergency Room Physician in Miami-Dade County. These years were spent both in full time patient care and actively shaping the direction of the Emergency Medical Services in South Florida. He brings this strong background to Physicians Health Center as Medical Director.

Margaret Spence, CWC, RMPE – President – Douglas Claims & Risk Consultants, Inc.: – www.margaretspence.com

Margaret Spence is the President/CEO of Douglas Claims & Risk Consultants, Inc. and the author of – From Workers’ Comp Claimant to Valued Employee – Employer’s Guide to Implementing a Proactive Return to Work Program and the founder of National Return to Work Week. Ms. Spence is a Board Certified Workers’ Compensation Consultant, Speaker and Trainer who ranks among the experts in the field of injury management and return to work implementation. She is an advocate for getting ill and injured employees back into the workforce. Margaret is a member of the Society for Human Resource Management (SHRM) Special Expertise Panel on Employee Health, Safety and Security, she writes and speaks extensively on workers compensation and human resources. She has been quoted or had articles published in the HR Florida Magazine, HR Magazine, Workforce Management Magazine, American Chronicle, Risk Management Quarterly, CPCU, USAToday, HR.com and LexisNexis Workers Comp Section.

Marty Davis, Esq – President/CEO – Legal Solutions Group – www.legalsolutionsgrp.com

With more than 20 years of experience providing legal counsel to corporations, business entities and individuals, Mr. Davis’ strengths are his strong litigation and negotiation skills in worker’s compensation, and insurance issues, premises liability, complex litigation, and medical malpractice. Throughout his career, Mr. Davis has represented self-insured entities, such as corporations and municipalities, using his strong mediation skills to the advantage of his clients. Mr. Davis also has considerable trial work experience, including: insurance defense, personal injury, premises liability and workers’ compensation.

Other Seminars

• Certified Workers Compensation Return to Work Coordinator
• Certified Workers Comp Return to Work Coordinator Training Class Start January 18, 2012
• 6.2 Million Reasons to Implement a Proactive Workers Compensation Return to Work Program
• HR’s Not Responsible for Safety Right? October 15, 2010

Is our hate for the system or contentment with the status quo overshadowing our understanding of the new exposure?

What are the new exposures?

• Employment Litigation spinning out of the workers’ compensation claim
• ADA
• FMLA
• Retaliatory Discharge and the employee filing an EEOC complaint

From a historical prospective, the workers compensation system has operated on an autonomous, self-fulfilling island: Employees are injured, we provide them with lost wages, medical treatment and – hopefully – they return to work.

But today, we have new demands – ADA accommodation, layoffs, claims of retaliatory discharge – how are employers suppose to navigate the new exposures without letting the systemic issue in the workers comp system prevent them from making prudent employment decisions.

This webcast will explore the dynamics of injury management in the age of spin-off litigation. This webcast will review current cases and provide you with best practices.  

90 minutes – interactive live webcast

When:  November 4, 2010 – 2:00 pm  – Eastern-time

To Register:

Other Seminars

• Certified Workers Comp Return to Work Coordinator Training Class Start January 18, 2012
• Employee Training: The Key to Controlling Your Workers Compensation Cost
• New Exposures Demand New Workers Compensation Strategies
• Workshop: Emerging Trends Managing Workers Compensation in Tough Economic Times – Nov 12, 2010

 Record setting fines, new attempts to regulate injuries and new initiatives to bring standards up to date, OSHA is on a mission to fine your organization into compliance.

 ■         Is HR strategically positioned to offer safety guidance to their organization?

■         Should HR have a voice in the compliance process?

■         Can HR effectively advocate for employee safety?

■         Will or can HR be held liable if the company is out of compliance?

■         If OSHA knocks at the door tomorrow morning, is HR prepared to offer constructive guidance to the organization?

■         Is HR responsible for creating a safe work environment or are we asleep as the safety switch?

We will show attendees how to meet the new safety compliance challenge head on and create innovative methods to increase employee safety and wellness, even on a shoe string budget.

This program will force HR to think strategically about implementing safety and it will force HR to recognize that they must step up and become a pivotal leader in the implementation and enforcement of safe in the workplace.  

We will expand HR’s knowledge of safety compliance; provide attendees with the essential tools and skills to create an Injury Prevention Program that will reduce liability and potential exposure to workers’ compensation claims. 

We will also review recent Workers’ Compensation and ADA cases that impact HR and we will highlight new safety mandates in the legislative pipeline.

Done right safety programs can deliver powerful results – it’s the single tool to make your workplace safe while simultaneously increasing productivity. Attendees who participate in this workshop will return to their company – armed with more effective ways to keep employees safe and injury free.

Learning Objectives:

■         Defining HR role in safety implementation

■         Understanding what OSHA compliance means to the organization

■         Teaching HR Professionals how to advocate safety compliance

■         We will provide attendees with a step-by-step blueprint for implementing a safety program in their organization

■         We will also review recent workers compensation and ADA cases and show how simple injuries can qualify for protection under the ADA.

■         We will incorporate instruction for adding a wellness program to safety compliance and we will review the steps to implementing wellness as a key component of employee safety.

Sponsored by:                 Sarasota Chapter of SHRM – SHRA

To Register – Click Here

 Schedule:                     October 15, 2010 – 7:30 a.m. to 2:00 pm

Agenda:                        7:30 am – 8:45 am – Breakfast & Registration

                                    8:45 am – 9:15 am – Welcome and Introductions

                                    9:15 am – 11:15 am – Session 1 – Workers Compensation Update

                                    11:15 am – Noon – Lunch

                                    Noon – 2:00 pm – Session 2 – HR Role in Safety Compliance

 CEU Requested:           4 hours – General

 Credit Requested:         PHR, SPHR, GPHR

Speaker/Trainer:

Margaret Spence, CWC, RMPE – President/CEO of Douglas Claims & Risk Consultants, Inc. and the author of – From Workers’ Comp Claimant to Valued Employee. She is a Board Certified Workers’ Compensation and Risk Management Consultant, Speaker and Trainer who ranks among the experts in the field of Employee Safety and Injury Management. Margaret is an expert at showing companies how to slash their Workers’ Compensation cost by implementing strategies that drastically reduce injury rates, increase productivity and energize employees to work safely. Margaret is a member of the Society for Human Resource Management (SHRM) Special Expertise Panel on Employee Health, Safety and Security.

Other Seminars

• Webinar: Face It – Everybody Hates Workers Comp – Right? Nov 4, 2010
• Emerging Trends – Workers Comp Workshop – October 8, 2010
• Workshop: Emerging Trends Managing Workers Compensation in Tough Economic Times – Nov 12, 2010
• Certified Workers Compensation Return to Work Coordinator

Friday, November 12, 2010 – Same location and Time – But you must register!  – Location – Hyatt Summerfield Suites, Miami Florida

Click Here to Register

How do you strategically define and measure the value of injury management to your organization?

It’s a critical question in today’s economic climate. Traditional workers compensation claims management techniques may not provide the answers to the emerging litigation trends. This workshop will explore three core components of injury management and evaluate emerging trends in: early intervention, employment litigation and claims management.

How You Will Benefit By Attending:

• Learn how to evaluate your HR exposure as you manage the injury
• Learn how to be proactive and little less reactive
• Get a realistic view of the “new” playing field – “I’m going to sue you, it’s just a matter of when”
• Learn how to guard against opening the employment litigation door
• Learn how to add value to your workers comp program as budgets shrink
• Learn how to maintain the polices that work and revamp the one’s that don’t
• Learn the importance of early treatment intervention and proactive return to work policies

Added Bonus – We will review: The New Drug Testing Requirements and Using Surveillance as an Effective Injury Management Tool

Agenda: – Registration Starts at: 12:30 pm

1:00 pm – 1:45 pm – When Workers Comp Injuries Spiral Out of Control – Margaret Spence

1:45 pm – 2:30 pm – A Case Study in Early Diagnosis and Treatment – Dr. Richard Spirer

2:30 pm – 3:15 pm – Emerging Trends in Workers Compensation – Marty Davis, Esq.

3:15 pm – 3:30 pm – Coffee Clutch – Break

3:30 pm – 3:50 pm – New Drug Testing Rules You Need to Know – Patrick Armstrong

3:50 pm – 4:15 pm – The Art of Surveillance – Is It an Effective Injury Management Tool? – Julie Mclntyre, ACA (S.K.I. Investigations, inc.)

4:15 pm – 4:30 pm – Q&A

Speakers:

Dr. Richard Spirer – Medical Director – Physicians Health Center: – www.physicianshealthcenter.com

Dr. Spirer is a Diplomat of the American Board of Emergency Medicine. He received his M.D. at the University of Miami and did his postgraduate training at Jackson Memorial Hospital. He spent 25 years as an active Emergency Room Physician in Miami-Dade County. These years were spent both in full time patient care and actively shaping the direction of the Emergency Medical Services in South Florida. He brings this strong background to Physicians Health Center as Medical Director.

Margaret Spence, CWC, RMPE – President – Douglas Claims & Risk Consultants, Inc.: – www.margaretspence.com

Margaret Spence is the President/CEO of Douglas Claims & Risk Consultants, Inc. and the author of – From Workers’ Comp Claimant to Valued Employee – Employer’s Guide to Implementing a Proactive Return to Work Program and the founder of National Return to Work Week. Ms. Spence is a Board Certified Workers’ Compensation Consultant, Speaker and Trainer who ranks among the experts in the field of injury management and return to work implementation. She is an advocate for getting ill and injured employees back into the workforce. Margaret is a member of the Society for Human Resource Management (SHRM) Special Expertise Panel on Employee Health, Safety and Security, she writes and speaks extensively on workers compensation and human resources. She has been quoted or had articles published in the HR Florida Magazine, HR Magazine, Workforce Management Magazine, American Chronicle, Risk Management Quarterly, CPCU, USAToday, HR.com and LexisNexis Workers Comp Section.

Marty Davis, Esq – President/CEO – Legal Solutions Group – www.legalsolutionsgrp.com

With more than 20 years of experience providing legal counsel to corporations, business entities and individuals, Mr. Davis’ strengths are his strong litigation and negotiation skills in worker’s compensation, and insurance issues, premises liability, complex litigation, and medical malpractice. Throughout his career, Mr. Davis has represented self-insured entities, such as corporations and municipalities, using his strong mediation skills to the advantage of his clients. Mr. Davis also has considerable trial work experience, including: insurance defense, personal injury, premises liability and workers’ compensation.

Other Seminars

• Webinar: The ROI – Workers Comp Return to Work Programs Are Still Viable
• New Exposures Demand New Workers Compensation Strategies
• Certified Workers Comp Return to Work Coordinator Training Class Start January 18, 2012
• Workshop: Emerging Trends Managing Workers Compensation in Tough Economic Times – Nov 12, 2010

■         Medical Treatment

■         Lost Wages

■         Impairment Ratings

■         Permanent Disability

■         Death Benefits

■         Litigation & Settlements

2009 ushered in a seismic shift, using the workers’ compensation system as a catalyst for employment litigation. Litigation that arises out of, the course and scope of the work related injury. Most employers and insurance carriers are still operating in the olden days, even though the litigation manuscript is being written right under our nose. 

■         August 6, 2009, Indiana Court of Appeals ruled that Boston’s Gourmet Pizza must pay for Gastric bypass or weigh loss surgery, even if the employee was over weight at hire. The court ruled that post accident weight gain and potential surgical failure justified paying for the weight loss surgery. The cost $25,000 to $30,000 and the lifetime exposure to post surgical complications. If employers refuse to hire over weight candidates, could they be in violation of Federal laws? – Do you hire obese candidates knowing that you may have to pay for weight loss surgery, if they have an injury? (Boston’s Gourmet Pizza v. Childers)

■         September 28, 2009, Oregon Court of Appeals ruled that Georgia Pacific use of a   Physical Capacity Evaluations violated the Americans with Disabilities Act (ADA) – the test was conducted to determine the employee’s ability to return to the pre-injury job – unfortunately the result was used to terminate the employee. Can we still use the FCE or PCE test to evaluate the employee’s ability to do their pre-injury job? Or to end the cycle of injured employees malingering in the workers’ comp system? Maybe not! (Indegard v. Georgia Pacific Corporation)

■         September 29, 2009, the Equal Employment Opportunity Commission (EEOC) settled the largest Americans with Disabilities Act (ADA) suit against Sears, arising out of a workers’ compensation claim. According to the EEOC, Sears failed to offer light duty or accommodate injured employees when they attempted to return to work – the settlement $6.2 million. The lesson – not having a return to work program will cost you millions. (John Bava/EEOC vs. Sears Roebuck – www.eeoc.gov/press/09-29-09.html)

The single pattern that emerged from these cases, the bronze coating on the workers’ compensation system is being eroded by outside forces. Employers and insurance agents must recognize that the olden days are gone and the new exposure goes way beyond the injury. Employers must evaluate and balance the workers’ compensation claim against the new exposures:

 

■         ADA or ADAAA

■         FMLA

■         Retaliatory Discharge

■         Age Discrimination

■         Wage and Hour Complaints…

…Exposures that are not covered by the workers’ compensation insurance policy. In today’s litigation environment, injury management is much more than calling the claim into the insurance carrier. We must guide employers from the old way of thinking, “My insurance carrier will handle that” to “What’s the new exposure for our company?” and “What can we do to minimize spin-off litigation arising out of our workers’ compensation claims?”

Other Seminars

• 6.2 Million Reasons to Implement a Proactive Workers Compensation Return to Work Program
• Employee Training: The Key to Controlling Your Workers Compensation Cost
• Webinar: The ROI – Workers Comp Return to Work Programs Are Still Viable
• Certified Workers Comp Return to Work Coordinator Training Class Start January 18, 2012

On September 29, 2009, The U.S. Equal Employment Opportunity Commission (EEOC) announced a record-setting consent decree resolving a class lawsuit against Sears, Roebuck and Co. (Sears) under the Americans with Disabilities Act (ADA) for $6.2 million. The consent decree, approved by Federal District Judge Wayne Andersen, represents the largest ADA settlement in a single lawsuit in EEOC history. The EEOC’s suit alleged that Sears maintained an inflexible workers’ compensation leave exhaustion policy and terminated employees instead of providing them with reasonable accommodations for their disabilities, in violation of the ADA. Read complete – Settlement at http://www.eeoc.gov/press/9-29-09.html

This case not only highlights the link between workers compensation and the ADA but it magnifies the fact that twenty years after the ADA was enacted employers are still struggling to understand the process. Even large employers have a hard time balancing and defining the ADA exposure as they manage the work related disability. The EEOC Chicago District Director John Rowe, who supervised the agency’s administrative investigation preceding the lawsuit, said that the case arose from a charge of discrimination filed with the EEOC by a former Sears service technician, John Bava. According to Rowe, Bava was injured on the job, took workers’ compensation leave, and, although remaining disabled by the injuries, repeatedly attempted to return to work. Sears, Rowe said, “Could never see its way clear to provide Bava with a reasonable accommodation which would have put him back to work and, instead, fired him when his leave expired.”

The underlying issue that this case raises is the importance of having a proactive return to work program that not only satisfies the workers compensation exposure but addresses the looming ADA accommodation requirements. It’s quite simple when employees are injured on the job employers must have a predefined plan, in place, that addresses return to work options as well as ADA accommodations. We can no longer discard injured employees from the workforce, we have to make a valiant effort to get injured employees back to work and keep them there successfully.  

If it’s so simple, why do employers struggle to create proactive return to work opportunities? And why do they fail to understand how the ADA exposure is created?

Let’s walk though a typical case that illustrates how intertwined and complicated the ADA exposure is, especially when you are balancing State workers compensation and Federal Leave guidelines.

Ouch, I’m Injured – The ADA Exposure Begins – Now!

David is a warehouse clerk, with a large multi-state employer; his job requires lifting up to 75 pounds. David lifts a box and injures his back – a workers compensation claim is filed and David is referred to an orthopedic surgeon, who eventually recommends surgery. David has back surgery and is left with significant lifting restrictions that not only affects his major life activities, but may prevent him from doing his pre-injury job without some accommodation. Several weeks after surgery and rehabilitation David’s orthopedic surgeon releases him to return to work light duty with restrictions of no lifting over 15 pounds.   

David contacts his employer to return to work and he is told that they can not accommodate his light duty restrictions. His employer request that he stay at home, continue to collect workers compensation and contact them when he is feeling better – a typical conversation that occurs when employers do not have effective return to work policies or procedures – strike one in the ADA compliance process.

David continues to contact his employer because he wants to return to work, he is told repeatedly that there is no job available to accommodate his restrictions – strike two in the ADA compliance process.

Eventually, David is released to return to work full duty with permanent restrictions of no lifting over 20 pounds. David contacts his employer to return to work and he is told that they do not have a job available within his permanent restriction. David advises his employer that he can do his regular job if, he can use a Forklift to lift any items over his lifting restriction. The employer says no – they are afraid David will have another injury because his pre-injury job requires lifting up to 75 pounds – strike three in the ADA process – the employer is now out of compliance.

To further complicate matters, while the workers compensation process was under way, David’s employer puts him on Family Medical Leave (FMLA) which provides David with 12 weeks of job protection. The company’s leave policy mandates termination at the end of the 12 weeks of FMLA protection. Based on their leave policy, David is slated for termination because his FMLA protection has expired. The employer promptly contacts their insurance carrier attempting to settle David’s workers compensation claim – there’s no need to discuss return to work because David will be offered a monetary settlement –at this point the EEOC is knocking on the employers’ door. 

In this example, the employer does not evaluate reasonable accommodations that could help David return to work light duty, they did not have the interactive conversation with David to evaluate the type of the accommodations he is requesting, which is required under the ADA. David, a long term employee, feels that there are other ways to accommodate his restrictions but his employer is not willing to work with him so he hires an attorney and the ADA Elephant is now in the room. 

Most employers do not understand the difference between workers compensation disability and qualifying for ADA protection. The key difference between workers compensation and ADA is: workers compensation was designed to provide injured employees with medical and financial assistance following a work related accident. The ADA was enacted by Congress to protect individuals from discrimination associated with their disability and to provide reasonable work accommodation, if the employee qualifies for this protection.  The exposure is created when employers do not have proactive return to work policies, when they deny reasonable accommodation and when they are more interested in terminating injured employees who have work related disabilities than brining them back to work.

David’s employer incorrectly assumes that because he did not qualify for permanent disability under workers compensation he does not qualify for Americans with Disabilities Act protection or accommodation. The confusion, under the workers compensation system, David has a permanent impairment, he is not considered permanently disabled – this technicality does not mean that he does not meet the definition of disabled under the ADA. In the eyes of David’s employer, his work status is a workers compensation issue. Wrong – this is where the wheels come off the ADA accommodation car and the employer is sailing toward a costly reality check.

In our example, the ADA exposure started when David’s employer was notified that he had restrictions that would limit his ability to perform his regular job. The key reminder for employers, the ADA exposure can start with the injury itself because the injury can meet the definition of disabled under the ADA – example: an amputated arm.

Another key point, the workers compensation system, mandates that treating physicians address the employees ability to return to work and we further ask the doctor to address the employee ability to do their regular job, we then ask the physician to address permanent restriction and we get these notices routinely – yet we don’t have a plan to evaluate accommodations that will result in injured employee retention and successful reintegration into the workforce. I am constantly amazed by the disconnect that occurs when employers are clueless about the information sitting in their files.

In essence, workers compensation is the gateway to ADA accommodation. Employers incorrectly assume that the workers compensation system will protect them from ADA litigation – surprise, surprise, it will not! In fact, the workers compensation system does little to explain the exposure and they will not provide employers with a defense for inadequate ADA policies – the two systems are independent and co-dependent on each other.

During fiscal year 2008, disability discrimination charges rose to 19,453 – an increase of 10 percent from the prior fiscal year and the highest number of disability charges filed with the EEOC in 14 years. One factor that may be contributing to this rise, the economy. As the economy forced employers to make adverse employment decisions, many did not equate terminating injured employees with ADA litigation.  

We know the wrong way – so what is the right way to handle the ADA Exposure?

The solution is simple injured employees can return to work if employers make a valiant effort to bring them back to work. Your injury management program should be cohesively blended into your regular employment practices. When evaluating job accommodations, employers must focus on ability, not disability – what can the employee do and how can we keep them working?

Remember, the workers compensation system is built to provide notification of injured employees medical and work status after each doctor’s visit. These notifications address the employee’s ability to return to work with or without restrictions. If the employee has restrictions, the restriction may eventually affect the employee ability to perform the essential functions of their pre-injury job – creating the ADA exposure. You have to have a plan before this happens. You must evaluate each injury independently and determine if the injured employees qualification for ADA protections. Then you must review the pre-injury job description, evaluate the essential functions or duties required to do the job and you must complete the interactive process with the injured worker to determine how you can accommodate them in the workforce. Is their request for accommodation reasonable and can we provide it? Without these key ingredients more employers will find themselves on the EEOC radar.

If you are still struggling with this process – there is fantastic information available at the Job Accommodation Network’s website – http://www.jan.wvu.edu/

It’s unfortunate for Sears that they had to be the one to turn the return to work light bulb on for other employers. Employers now have 6.2 million reasons to evaluate their workers compensation return to work polices and simultaneously evaluate how they comply with the Americans with Disabilities Act.

Related Seminars

• Webinar: The ROI – Workers Comp Return to Work Programs Are Still Viable

How would you rate your companies training program?  (a) Exceptional – (b) Great –
(c) Adequate – (d) Needs Improvement

Most employers rate their training programs as Great to Adequate; in reality most programs need drastic improvement.

The typical employer describes their training program in the following manner: “Well, we have new employees come in to the HR Department to complete the hire package, then we go over their benefits, we show them a safety video and then we send them to their department for job-specific training.” What the employer is actually saying – new employees are put into a buddy situation, you are asking their co-workers to train them to do the job. Guess what —this is not training! That is passing the torch from Employee A to Employee B.

With this scenario, you are hoping that Employee A, your superstar employee, will pass down all of the requirements for the job. In reality, Employee A is frustrated because she has to train all of the new employees without additional pay, and she passes down her bad habits, her frustrations and what I like to call her accumulated employee baggage to Employee B. Before Employee B has a chance to get her feet wet, she is already forming a negative opinion of your company. Before long, you are totally surprised when Employee B is injured and out on workers’ compensation. What went wrong? You failed to provide the employee with adequate training to prevent the injury – you created a “tribal training program”.

As employers, you have to stop passing the torch – or doing what I call “tribal training”. In the olden days information was passed down from generation to generation using verbal queues, thousands of years later, employers are still doing this every day when they hire new employees. Employers have to recognize that “tribal training” is not training at all – job specific, formal, documented training is what prevents injuries.  Like a cookie cutter, every employee in the same job should have the same training – Consistency.

Where should you start?  

1. Determine the minimum competency required to do the job safely.
2. Determine the specifics tasks required to do the job.
3. Determine the essential functions and demands of the jobs.
4. Write a clear job description that addresses the minimum requirements to do the job safely.
5. Determine the safety rules that should apply to the job or work areas.

Use this information to create a Training Matrix that charts the job task, minimum competency required to do the job, the safety requirements and a time table for the employee to achieve competency in the position. Then use this information to develop your training classes and start training your employees – Simple.   

Do not accept experience for training, even if employees come to your job site with impressive amounts of experience. The previous employer may have done things the right way, but they may not have; the employee may have been adequately trained to perform the job, but he or she may not have been. It is up to you to provide training specific to your work environment and the job tasks you are asking your employees to perform. 

Remember training should be an ongoing initiative, not a one shot deal. It should be Simple, Specific and Consistent. As the Employer you must recognize that bad hiring decisions and improper training programs can increase the likelihood that an employee will be injured. Spend the money to train your employees correctly—from the beginning. If you evaluate the overall cost of one workers’ compensation claim—including: the loss of manpower, the administrative cost to manage an injured employee, the workers’ compensation premium cost and the overtime to cover jobs that would have been done by the injured worker—you will see the cost benefits of integrating an effective training program that emphasizes safety into your workplace.

The Occupational Safety and Health Administration (OSHA), mandates that you provide training to your employees. In today economic climate, most employers are asking their employees to do more with less staffing, it is imperative that your employees are highly trained and remain injury free. The most cost effective scenario is preventing injuries not managing them. In this economy, you can not afford to continue the training scenarios of the past. Job specific training will ensure that your company moves from one that is trying to survive, to one that is looking for new ways to thrive.

Related Seminars

• Webinar: The ROI – Workers Comp Return to Work Programs Are Still Viable