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Often times, employees sustain work injuries that preclude a return to their regular work assignments. However, quite often, the employee and his/her physician deem it reasonable for the employee to return to work in some capacity. This is often termed "light duty" work assignments.
Some employers favor and some disfavor the light duty work assignments. Of course, some employers simply cannot practically return an employee to work unless the employee meets certain medical and physical criteria. However, in the vast number of circumstances, the employer can and probably should accommodate the temporary medical restrictions and disability and get the employee back to work in some capacity.
Most experts and even the State of Ohio recognize that there are significant benefits to both the employer and the employee in returning an employee to work in a timely and prompt fashion. If they implement their light duty program appropriately, the employer benefits in several ways. Among the benefits that the employer can experience are:
1. A happy and loyal workforce. If the employer plays its cards right, it can make it known that it values its employees and wants to keep them working even after an injury. If prompted properly, an employer can encourage a feeling of cooperation among employees to promote those in good health to assist those that may be ailing. In the end, employees operating under this type of system may feel useful, wanted, and may return these actions through greater job satisfaction, increased production, and loyalty to the employer.
2. Some production is better than no production. If the employer can think ahead and plan for potential injuries, the employer may be able to generate sufficient types of work that could be performed by an injured worker that the employer may receive a benefit while also making the injured worker feel useful. Instead of asking the worker to sort bolts for no apparent reason, the employer could explain to an injured worker that it needs to get promotional materials or holiday mailings completed and ask an injured worker to stuff envelopes and mail important documents as part of light duty. A myriad of possibilities exist and each employer will have different needs. However, if an employer can use the injured worker to complete some little performed or perhaps delinquent duties, the light duty work may ultimately be beneficial to the employer and get some much needed work accomplished.
3. The employer can reduce its workers' compensation premiums. Statistics show that lost time claims result in significantly higher medical, indemnity, and other related worker's compensation costs. Reducing lost time may help reduce an employer's work comp costs and, ultimately, its own bottom line.
4. An employer may eliminate any exposure for healing period or temporary total disability benefits. In Iowa, an employer is permitted to extend an offer of light duty to an injured employee. So long as the offered work is consistent with the medical restrictions at the time and is a "reasonable" offer of work (not demeaning, not requring travel too far from home, etc.), the employee is obligated to accept the work. If the employee declines the light duty assignment, Iowa law precludes a recovery of any temporary disability benefits by the employee. Therefore, if a reasonable light duty offer is made and refused, the employer eliminates all liability for temporary disability benefits.
5. Prompt return to work may also limit the ultimate permanent disability award on a claim in Iowa as well. Length of the healing period is one factor considered by the Commissioner in determining an industrial disability. Getting an employee promptly back to work proves potential productivity, limits the healing period, and also protrays the employer in the best possible light should the claim later become litigated and require a hearing.
6. Happy employees sue employers much less frequently. Keeping an employee working and happy is very likely to preclude litigation and is much more likely to promote a harmonious and reasonable resolution of the worker's compensation claim once the healing process has completed.
For all of these reasons, an employer should plan ahead and develop a strategy and perhaps identify relevant job tasks that can be performed by an injured worker. Planning ahead makes the process smooth and the transition back to work easier for the employee. Planning ahead allows the employer to announce the policy, express the importance of reporting to work, the desire to maintain good employees, and also allows an employer to identify work that will potentially benefit the employer, even if in some intangible ways.
So, what does an injured worker get out of the deal? Injured workers receive several benefits from a light duty assignment. First and foremost, the employee will experience a financial benefit in reporting to work as opposed to sitting on temporary disability.
Temporary total disability benefits are paid if the employer cannot accommodate the medical restrictions. Temporary total disability benefits are intended to represent 80% of the employee's pre-injury spendable earnings. In other words, the employee will experience a reduction in income if he/she is required to stay home because of medical restrictions. On the other hand, if the employer offers the injured worker a light duty assignment, the employeee will receive 100% of his/her normal earings and will not experience the financial distress and losses that can occur with workers required to stay off work.
Even if the employer is able to provide limited work opportunities under a light duty work assignment, the employee will receive financial benefit. If the employer offers light duty work, it will presumably pay wages consistent with those prior to the date of injury for work actually performed. In this respect, the employee will receive "normal" wages at least for a portion of the hours worked and more than the 80% level should the medical restricitons preclude a return to work.
Depending on the employer, the employee may also need to return to work to maintain seniority rights, avoid lay-off, or other action under a uniion contract. Accordingly, the employee may be highly motivated and need to return to work, even if in a light duty capacity.
In addition to the monetary benefits to the employee, there are psychological and phsyical benefits to returning to work even in a light duty assignment. From a physical standpoint, being active helps the employee avoid de-conditioning. The longer a person sits at home without working, the more atrophy may occur to necessary muscles and skills required at the workplace. Continuing to work in some capacity may help keep the employee conditioned for the time when a full-duty return is a possibility.
From a psychological standpoint, most humans are creatures of habit and requrie some interaction with other humans to maintain their mental health. Light duty work assignments allow an injured worker to maintain some semblence of a normal schedule and routine in their life and may help distract the injured worker from the detriments of the injury. Instead of sitting at home with little or no personal interaction and pondering the severity of their injury, light duty assignments allow workers to continue to get up, get ready, and go to work. This allows the worker to feel useful and to earn an "honest living." Many workers will be happier, recover more quickly, and feel more positive toward their injury and their employer if they are maintained on a light duty work assignment until they are capable of returning to unrestricted work.
Therefore, all employers should recognize that ther are significant benefits both to the employee and to the employer in planning ahead and preparing reasonable options for light duty work assignments should an employee become injured. All employers should contemplate potential and useful work assignments that could be performed and should use their light duty work program as a means to promote the employer, show compassion, all while promoting increased productivity, loyalty, and happiness among their employees.
Posted by William H. Grell on December 14, 2007 5:47 AM
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