August 25, 2010

When injured employees have been out of work for a while, you can't reasonably expect them to hit the floor running at 100 percent when they return—especially if their work is very physical. A work hardening program will provide a valuable transition between acute after-injury care and the employee's return to work.

Work hardening is a goal-oriented, individualized treatment program designed to return an employee to work safely. The programs use real or simulated work activities to help restore full work function.

Because they are highly structured and involve a team working to get an employee back to work, work hardening programs are more expensive and time-intensive than simpler return-to-work programs. But their cost pales in comparison to failed attempts to bring employees back to work after a long hiatus.

Work hardening programs generally incorporate the following components:

Can you discipline or even terminate an employee with a workers' comp case? Not sure of the answer? Join us on September 29 for an in-depth 90-minute interactive webinar all about disciplining and terminating workers who are out on workers' comp or have returned to work.

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1. An interdisciplinary team: A work hardening program involves multiple healthcare professionals (rather than a single healthcare professional directing treatment or therapy), based on the type of injury and the demands of the employee's job. An employee's work hardening program team might include physical therapists, occupational therapists, rehabilitation physicians, vocational counselors, psychologists, physical trainers, and dietitians.

2. An individualized plan: The employee, the employee's supervisors(s), and the interdisciplinary team develop a plan of measurable goals that will show the employee's return-to-work progress. The plan establishes the starting point for the employee and sets expectations for when the employee is likely to return to full duty. If an employee isn't achieving the goals, the plan triggers an evaluation of whether it is in fact reasonable to expect that the employee will be able to return to full duty; this prevents employees from languishing in return-to-work limbo.

3. Structured activities: A work hardening program sets up activities either outside of or in the workplace that are selected to improve the employee's function and return him or her to full duty. Examples of this might include physical therapy to improve strength in the injured body part or working progressively longer days to improve the employee's endurance.

4. Education: As part of the employee's recovery process, he or she receives training on how to prevent reinjury, including ergonomic information, work pacing, and other safety and injury prevention training.

Workers' Comp: How to Discipline or Terminate Claimants Without Triggering Lawsuits in California

There are times when discipline or termination of a workers' comp claimant is warranted, just as it would be for any other worker. But you're walking into a powder keg if you underestimate the legal risks involved.

Once cleared to return to work, a workers' comp claimant may request a light-duty accommodation, which could trigger ADA protections. You're also dealing with potential FMLA leave issues as well as job restoration rights provided by California's workers' comp law. And don't forget about possible exceptions to the at-will doctrine. One false move and you could find yourself in a heap of legal trouble.

Join us on September 29 for an in-depth 90-minute interactive webinar all about disciplining and terminating workers who are out on workers' comp or have returned to work. Our expert—an experienced workers' comp attorney—will explain how to reduce your legal risks so you can walk this legal tightrope without fear of catastrophe. You'll learn:

• When to consider discipline or termination—and when to hold off
• Hot-button exceptions under disability discrimination laws
• How to document your actions in a legally defensible way
• When an injury may constitute a disability under federal law, and the type of light-duty or other accommodations you must provide so a worker can return to work
• The interplay among FMLA, ADA, and California workers' comp leave laws, including how long you must hold open an injured worker's position and your job-restoration obligations
• The steps you should always take—and the documentation to have on hand—so your actions don't spark a viable retaliation claim
• How to tell if adverse action is appropriate when the worker's negligence caused the injury, and if you can refuse accommodation based on the cause of the disability
• What you can legally do once a claimant who reaches maximum medical improvement isn't able to return to work, with or without medical restrictions, or if he or she refuses to attend vocational rehabilitation
• How the at-will employment doctrine and the many exceptions created by the courts may affect your right to terminate a workers' comp claimant
• The impact union contracts may have on your discipline and termination game plan

Register now »

Learn more »

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