 | William Townsley, III, is an attorney at Fleeson, Gooing, Coulson & Kitch, L.L.C. Bill received his bachelor of science degree from the University of Kansas in 1985 and his juris doctor from Washburn University in 1989. His primary area of practice is civil litigation and insurance defense. |
Legal
2005-01-01 08:51:00
OK to work with restrictions?
: We own a small business with six employees. After slipping in the back room and injuring his back, one of our employees has been receiving workers' compensation benefits. He recently brought in a work release with work restrictions. Should we put him back to work with restrictions?
ANSWER: When an employee is injured at work, the employer is liable for costly disability and medical benefits under the Workers' Compensation Act. As the employer, you can limit your exposure by utilizing an aggressive return-to-work strategy that will benefit both you and your employee.In most cases, a physician will release an injured worker with temporary work restrictions as the injury begins to heal. In the case of serious injury, an injured worker will be released to return to work with permanent work restrictions. With either temporary or permanent work restrictions, an employers' accommodation of an injured worker minimizes workers' compensation liability. When you as an employer accommodate your employee's work restrictions and return him to work, you will realize the direct savings from reduced workers' compensation disability benefits, both temporary and permanent. When an employee is released to return to work with permanent work restrictions, the Kansas Workers' Compensation Act provides that he is entitled to permanent disability benefits for the physical impairment resulting from the injury. If he does not return to work, you may be liable for more costly "work disability" benefits. The Act states that injured workers can be compensated for "work disability" if they are not earning 90 percent of the pre-injury wage after they are allowed to return to work. By returning injured workers to work for at least 90 percent of the pre-injury wage, employers preclude the potential for a work disability award.For example, if an employee who earns $400 a week sustains a back injury that results in a 5-percent functional impairment and permanent work restrictions and if the employee returns to work for at least 90 percent of the pre-injury wage, the employee is entitled to an award of approximately $5,000. However, the same employee would be entitled to an award of more than $55,000 if he has not returned to work. The award could be even greater if the employee establishes that he has sustained a task loss as defined by the statute.It is easy to see, therefore, that by returning an employee to work in a position that accommodates the permanent restrictions, you can save thousands of dollars in workers' compensation benefits. These savings result in smaller premiums for workers' compensation insurance which is mandatory for most businesses. Your company also benefits from the loyalty and allegiance of employees who recognize and appreciate that you take care of them.An aggressive return-to-work strategy is just as beneficial with respect to temporary restrictions. Some reasons for returning injured workers with temporary work restrictions to work in accommodated positions are:• Temporary disability benefits are terminated. When injured workers return to work, they again earn the same wage, and they are no longer entitled to temporary disability benefits.• Accommodating injured workers allows employees to maintain self-esteem and prevent them from becoming deconditioned during a long layoff.• Injured workers on restrictions can perform jobs that are seasonal or neglected by the regular work force.• Returning injured workers to jobs sends a message to the other employees that workers' compensation is not a free ride, a welfare entitlement or an easy vacation. Rather, it is a means of helping injured workers until they can return to work.It is in your best interest as an employer to provide work to injured employees that accommodates both temporary and permanent work restrictions. Injured workers benefit by remaining productive members of the work force. The benefit for you as an employer is not only the savings of costly disability benefits, but also your greatest asset - the loyalty of well-trained employees. The information appearing in this publication is being provided by Fleeson, Gooing, Coulson & Kitch, L.L.C. for informational purposes only and does not constitute legal advice. This information is not intended to create any type of lawyer-client relationship.
