RETURN - TO - WORK & MODIFIED-DUTY JOBS
Arkansas Workers’ Compensation Commission/ Health & Safety Division

www.awcc.state.ar.us   1-800-622-4472   FAX:  501-683-3169
Health&Safety@awcc.state.ar.us

GOAL

This program is designed to help employees and employers by returning injured workers to productive work as quickly as is safely possible.  Returning injured workers to their job is good for employees, their families and the companies where they work:

•	It is good for employees—returning a person to their job as soon as it is safely possible actually speeds the recovery process and reduces the likelihood for permanent disability.
•	It is good for employees and their families—a full-time job means a full paycheck and benefits.
•	It is good for companies—getting workers back to work as quickly as possible puts trained, experienced workers back doing their jobs and reduces the overall cost of doing business.

For a return-to-work program to be successful, upper management, supervisors and employees must work together.  The goal of everyone involved must be to provide productive work for recovering employees in such a way that is safe for all concerned. 

HOW TO BEGIN

First, someone should be placed in charge of the return-to-work program.  Ideally, this person—we’ll call them the “Return To Work (RTW) Champion”—will be involved from the time an injury or illness is first reported.  Some of the ways the RTW Champion can help the injured employee early on are:

•	Helping with notification of family members;
•	Making sure the proper insurance forms are filed;
•	Making sure the physician is aware the company has a return-to-work program.

As the injured employee begins his or her recovery, the RTW Champion should continue to be in contact with them:

•	Making sure bills are forwarded to the proper insurance company.  It is not unusual for workers injured on the job to receive bills that are the responsibility of the workers’ comp insurance company;
•	Check on the injured worker’s recovery progress and let their care givers know  the company wants to provide a place for them as soon as safely possible;
•	Maintain contact with the injured worker; it is important to let them know their company cares about them.  A common complaint from injured workers is “I never heard from a person at work the whole time I was off.”

When the employee is able to return to work in a modified capacity, the RTW Champion should continue to work with the employee:

•	Helping the supervisor identify jobs that meet the work restrictions issued by the treating physician;
C	Making sure both the employee and their supervisor understand the work restrictions of the physician and that all work is within those restrictions;
•	Working with the employee and their physician as the recovery process takes place and work restrictions are reduced or removed.

Informing Employees of the Return-To-Work Policy

If your company has never had a Return-To-Work Policy, it is a good idea to inform employees that such a program is going to be put in place.  You should explain to them why such a program is good for them, for their families, and for the company where they work.  You should also tell them what situations the program will cover.  For example, will your program cover both on-the-job and off-the-job injuries and illnesses?  Many companies have found it beneficial to include both, but if management chooses to include only one or the other, they should be prepared to explain why.  You should explain what modified duty or alternate duty jobs are, and be prepared to explain that neither means loafing.  You should also develop a policy for work restrictions, including what disciplinary measures will be taken if employees or supervisors do not adhere to work restrictions.  Finally, you should plan on having to overcome any reluctance by supervisors or employees to participate in the return-to-work program.  They may not see the benefits of such a program in the beginning, and you won’t see the benefits at all unless everyone supports the return-to-work program.

Working With Health Care Providers

Development of a good working relationship with your health care providers increases the likelihood of success for your company’s return-to-work program.  Many companies find it helpful to designate a physician and refer all work-related injuries and illnesses to that person or clinic.  This enables company personnel and the physician to communicate on an on-going basis.   Inform your health care provider of your company’s goal to provide a return-to-work program.  Explain the company’s sincere interest in identifying jobs and tasks employees with work restrictions can safely do.  Assure them of your commitment to adhere to restrictions established by the health care provider.

The last page of this brochure contains a sample “Return-To-Work Authorization” form.  This form or something similar should be completed by your company’s health care provider for each work-related injury or illness.  This information should then be used to find alternate or transitional work for the employee.  As the employee returns to work and proceeds through the healing process, the RTW Champion should keep in touch with the health care provider.  This makes it easier for the RTW Champion to ensure that follow-up appointments are made, feedback is provided regarding the modified duty/alternate work assignment, and that any changes in restrictions are communicated to the supervisor and the employee.

Identifying Modified Duty or Transitional Duty Jobs

It is always advisable to place a person with work restrictions back in their home department if at all possible.  Think about the last time you changed jobs.  The first few days were uncomfortable; you probably didn’t know anyone and ate lunch by yourself until you got acquainted .  Moving a person to another department can be almost like starting a new job.  Avoid this added stress if at all possible.  Modified duty or transitional duty jobs are temporary job modifications that enable a healing worker to come back to work and contribute in a positive way.  

To identify modified duty or transitional duty jobs, look at the types of injuries and illnesses that have occurred in the past and the types of restrictions that resulted.  This will give you an idea of the types of restrictions you will probably be facing.  Some common work restrictions include:  

C		No lifting over X-pounds (5, 10, and 25 pounds are common increments);
C		No bending or twisting;
C		Must wear wrist braces;
C		No standing work.

Next, look at each job in each department.  Most jobs are actually made up of several smaller tasks.  A person on work restrictions might not be able to do all of the tasks for a particular job, but they might be able to do some of the tasks of several jobs just fine.  A word of caution though, if you take all of the “easy” tasks out of a job, you may increase both the resentment of the healthy workers and the likelihood that one of them will become injured because their workload has substantially increased.  Use some common sense.
			
If it is just not possible to identify suitable modified duty or transitional duty jobs in a given department, you may have to look to other areas of your operation for help.  You may be able to avoid resentment from other departments toward taking in an injured worker by using incentives.  For example, in some companies labor is charged to each department.  A department employing a restricted duty employee from another area would not be charged for that person; in essence they would be “free”.   
 
The length of time an employee will be on work restrictions must also be taken into consideration when looking for modified or transitional duty.  The health care provider who placed the employee on restrictions will typically include a time limit (example:  no standing work for six weeks) or will schedule an appointment for a re-evaluation of their condition and modify restrictions as the employee recovers.  However, in some instances, the employee may be placed on restrictions for an extended period of time (six months to a year) or the restrictions may be long term due to a permanent disability.  In those instances, you should consult with the ADA (Americans’ with Disabilities Act) Coordinator at your facility.

Supervisors are sometimes reluctant to participate in a modified or transitional duty program because they “don’t want half a person”.  There is also a tendency to translate “modified duty” into “answering the phone”.  Modified duty does not have to be a burden, but it takes insight and knowledge to look at the jobs that are available and identify work that is meaningful, necessary and that can be done by a person with work restrictions.  All employees (both the injured and the healthy) and supervisors must understand that “modified duty” does not mean “no work” or “cruising”.  

Monitoring the Success of Your Return-To-Work Program

To gain support for your return-to-work program you must be prepared to demonstrate that it helps both employees and the company.  You must be respectful of individual’s rights to privacy concerning their medical records, but you may be able to chart (with names and other identifiers removed) the recovery of those who participate in the return-to-work program vs those who did not.  You can show that it helps employees by tracking the amount of money injured employees get while on workers’ comp benefits and showing how much more they made by returning to work.  You can show how it helps the employer by tracking the number of indemnity cases (cases with eight or more days away from work or permanent partial disability rating) before and after the program, total number of lost work days, and workers’ compensation costs.  Return-to-work programs should be a win-win situation for employees, their families and the companies where they work.
 
EXAMPLE  POLICY AND  FORMS

The following pages are examples of a Return-To Work & Modified-Duty Job Policy, a Return-To-Work Agreement and a Return-To-Work Authorization Form.  These are only examples that are general enough to meet most state laws and regulations; however, it is strongly recommended that a competent professional who is familiar with specific laws and regulations in your state be consulted.

RETURN-TO-WORK & MODIFIED-DUTY JOB POLICY

If you become ill or injured as a result of a job-related accident, you will be missed by other employees working in your department.  Employees have the responsibility to return to work at the earliest possible time, depending upon your physical abilities and/or restrictions..

The Company will actively seek to return disabled employees covered by workers’ compensation to productive work as quickly as possible, in cooperation with the attending physician or health care provider.

If necessary, a temporary job may be provided for you that is within your physical capabilities and consistent with company needs.  Even working at a partial capacity will assist your fellow employees in completing the work.  Efforts will be made to return you to your previous job, when possible.  

                                                                           
Owner/Officer Signature

Title

Date

								

KEY CONTACT PEOPLE

Insurance Company/ Third Party Administrator:

	Name:                                                                                                                                

	Mailing Address:                                                                                                                

	City, State, Zip:                                                                                                                  

	Phone Number:                                                                                                                  

Designated Physician:
 
	Name:                                                                                                                                

	Mailing Address:                                                                                                                

	City, State, Zip:                                                                                                                  

	Phone Number:                                                                                                                  

State Workers’ Compensation Division:

	Name:                                                                                                                                

	Mailing Address:                                                                                                                

	City, State, Zip:                                                                                                                  

	Phone Number:                                                                                                                  

RETURN - TO - WORK AGREEMENT

The Company

Employee:                                                                                         (referred to as “you” hereafter)

The Company agrees that the following represents the restrictions under which you are able, and have agreed,  to return to work as of                                                          (date).

Those restrictions are:

	                                                                                                                                          

The Company will not require you to perform any tasks beyond those restrictions.  If you are asked to perform such a task by any of our employees or supervisors, please decline.  They may not be aware of your restrictions.  

By signing below, you agree and verify that you will not do anything beyond the noted restrictions either here at work, beyond the work site, at home or at recreation until such time as the doctor has removed the restrictions and The Company has been notified to that effect.

                                                                                                    
Signature - The Company

Signature - Employee

Date

RETURN - TO - WORK AUTHORIZATION FORM

The Company has a modified-duty and transitional work program which provides temporary jobs that injured employees should be able to safely perform during their recovery periods. 
Completion of this form will allow us to identify an appropriate assignment for this employee.  
Thank you for your cooperation and prompt response.

EMPLOYEE                                                         EMPLOYER                                                                

EMPLOYER CONTACT PERSON                                                    PHONE                                                                                                                                                                                                           
DATE                                               APPLICABLE SHIFT DURATION                                                    

DIAGNOSIS:                                                                                                                                             
WORK-RELATED		       YES	       NO	
NON WORK-RELATED	       YES	       NO	

TREATMENT:                                                                                                                                           
DISPOSITION:	RETURN-TO-WORK DATE (NO LIMITATIONS)                                                            
RETURN-TO-WORK DATE (WITH LIMITATIONS)                                                          
UNABLE TO WORK FROM                               TO                                                       

PROGNOSIS:                                                                                                                                          

REFERRAL TO:   CONSULTANT - DOCTOR                                       DATE                                         
		    PHYSICAL THERAPY                                           FREQUENCY                               

WORK RESTRICTIONS

RESTRICTIONS APPLY TO:                  WORK             HOME               LEISURE

DURING THE APPLICABLE WORKDAY, THIS EMPLOYEE CAN:
SIT          HOURS	STAND          HOURS		WALK          HOURS
EMPLOYEE CAN:	Never		Occasionally		Frequently	Continuously
Lift and carry:		          		           	____		                	                                                 
up to 10 pounds		          		                    		                	               	
11 - 25 pounds		          		                    		                	                                                                   
26 - 35 pounds		          		                    		                	                                                     
36 - 50 pounds		          		                    		                	                    
51 - 75 pounds		          		                    		                	                                       
76 - 100 pounds	          		                    		                	                    
Reach above shoulders	          		                    		                	                    
Push/Pull		          		                    		                	                    
Climb			          		                    		                	                    	
Crawl			          		                    		                	                    	
Squat/Kneel		          		                    		                	                    	
Bend/Stoop/Crouch	          		                    		                	                    	
Balance		          		                    		                	                    	
Twist upper body	          		                    		                	                    	
Use hands dexterously	          		                    		                	                    	
In terms of an applicable work day, “occasionally” equals 1-33%,”frequently” equals 34-66%, and “continuously” equals 67-100%..