Return to Work Challenges in Workers’ Comp: Employer Considerations; Effective RTW Programs

Managing an employee's return to work after a workers' comp injury that requires leave is challenging for employers. Even if the employee is allowed to return to work, job modifications may be required. Therefore, it is imperative for employers' counsel to understand the common issues their clients face and how to deal with these issues, including ensuring that an effective RTW program is in place.

The RTW program should include clear guidance on returning to work in compliance with state workers' compensation laws. Therefore, counsel and clients should understand state-specific requirements and any other federal and state leave laws that may impact the program. Key components of an RTW program include policies that outline program eligibility and steps for reporting injuries, describe the roles of parties to the RTW process and their obligations, and establish a process for evaluating employee recovery and the possibility of transitional work assignments or job accommodations upon their return.

Listen as our expert panel provides a comprehensive overview of employer obligations and considerations for when employees who have suffered a workers' comp injury are ready to return to work. The panel will describe the importance of having an RTW program in place and provide key considerations for program development.

I. Introduction

II. Employer responsibilities and challenges

A. Establishing an RTW program

1. Purpose

2. Parties to the program and their obligations

3. Employee eligibility

4. Insurance and provider coordination for injury management and assessment

5. Communication with injured employee

6. Job accommodations and/or transitional work assignments

7. Documentation

8. Exit criteria

9. Employee training

B. Interaction with other leave laws: FMLA, ADA, state law

III. Practitioner takeaways

The panel will review these and other important considerations:

• What challenges are faced by employers when an employee who sustains a workplace injury is put on leave and then is ready to return to work?
• What are the key components of a compliant and effective RTW program?
• How may other federal and state leave laws impact the development of an RTW program?