Canadian Occupational Safety (COS) magazine is the premier workplace health and safety publication in Canada. We cover a wide range of topics ranging from office to heavy industry, and from general safety management to specific workplace hazards.
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June/July 2013 13 BY DAVID MARCHIONE COMPENSATION WATCH TRAINING I LEGAL CONNECTION Making work accommodations work Guidelines for effective return-to-work process that benefi t the bottom line W e already know it makes good sense to help injured workers return to work as soon as possible following an injury. It makes sense for the worker in terms of keeping him engaged in the workplace. It also makes sense for the employer for the purpose of managing the costs of the compensation claim. Depending on the nature of the injury and the nature of recovery, in some cases although the worker may need a period of rest away from the workplace to aid in recovery, a return- to-work off er should be made by the employer as soon as possible. Many employers make blanket off ers of modifi ed or accommodated work, only to have those off ers deemed as unsuitable by the compensation board, which result in the payment of wage loss benefi ts and increased costs. Following are some things to consider when making an off er of modifi ed work to an injured worker. Is the work safe? Is the worker able to perform the work safely without causing injury to him- self or other workers? If the worker is taking any medication that makes it dangerous to himself or others to perform the work, then it may not be suitable. Although workers may argue medication makes them unable to drive, employers can work around the transportation issue by arranging trans- portation for the worker on a temporary basis. It may cost the company less in the long run to pay for transportation rather than have a worker stay at home and collect wage loss benefi ts. Is the work productive? Does the work add value to the orga- nization, and is it "real work?" It is generally acceptable to put together a number of diff erent duties to accom- modate the worker for a period of time. However, the work should be produc- tive work that needs to be done or would otherwise be assigned to another worker. Employers that have brought workers into the workplace, only to have them sit in a room for an entire shi without doing any real work, have been found out and workers have been entitled to wage loss benefi ts. Is the work within the work- er's functional abilities? While injured workers will o en focus on those duties they can't perform, it is important to focus on those things they can do by obtaining functional abilities information from the treating practitioner and the worker himself. Start by looking at the worker's pre- injury job and see which duties he is able to do, and which may need to be accommodated. Ensure the worker is aware he should only work within his functional abilities, and that he should report to his supervisor if he has trouble with the task assigned or is experienc- ing increased symptoms. Additional changes or accommodation may be required if such issues arise. Does the work restore the worker's earnings? Workers are generally entitled to wage loss benefi ts if they experience a wage loss because of a workplace injury. erefore, paying a worker less than regular wages for accommodated work may result in benefi ts being paid and increased costs. Consider paying the worker pre-injury wages, but monitor return to work to ensure there is a pro- gression back to regular hours and/or regular duties. David Marchione is an OHS and workers' compensation specialist with Compclaim, a consulting practice of Mathews, Dinsdale and Clark LLP based in Toronto. You can contact him at dmarchione@compclaim.com. THE WORK SHOULD BE PRODUCTIVE WORK THAT NEEDS TO BE DONE OR WOULD OTHERWISE BE ASSIGNED RAISING THE BAR ON CONSTRUCTION SAFETY – A ROUNDTABLE DISCUSSION Ontario is pushing forward with mandatory safety training for construction workers. How are other jurisdictions approaching safety for workers in the construction industry? Is it time for a national standard on construction safety training? Canadian Occupational Safety brings together a panel of leading industry and safety experts sharing their insights on the current state of safety in the construction sector and the proposed standardization of construction safety training across Canada. Watch for the August/September 2013 issue of Canadian Occupational Safety for highlights of this important discussion. SPONSORED BY