Dr's Note not the Final Word in RTW
One thing we often hear from new clients is that modified work was not offered to an injured employee because all the worker provided was the frustratingly standard (and useless) doctor’s note that simply stated “off for two weeks.” Many employers think that the medical professional’s word is law when it comes to WSIB claims, so when they are provided with such a note they assume doctor’s orders must be followed. However, what many employers fail to understand is that the difference between a lost time and no lost time claim often lies in the suitability of modified work, despite the existence of a “two weeks off” doctor’s note.
Clear Path recommends that employers utilize a number of different strategies to reduce WSIB costs. One strategy is to ensure you implement effective Early and Safe Return to Work (RTW) practices and procedures, including making an offer of suitable modified work for to employees immediately, regardless of the doctor’s note received.
What counts as suitable modified work?
WSIB policy is clear when it states that suitable work means “post-injury work that is safe, productive, and consistent with the worker’s functional abilities, and that, to the extent possible, restores the worker’s pre-injury earnings.”
How can I offer work when I don’t know what the worker can do?
This is a little trickier to answer, but sometimes the answer lies in common sense. If a worker lost the tip of his finger he likely will not be able to use that hand and will likely have stitches. Standard restrictions for an injury such as this suggests that the worker should refrain from repetitive movement or use of the hand and should remain in a clean environment until the stitches are removed to avoid infection.
If a worker rejects modified duties, what do you do?
At Clear Path we recommend submitting an objection letter along with the Form 7 indicating that loss of earnings should not be allowed in the claim and request that the duties be reviewed for suitability as the employer offered the employee modified work. The case manager must then rule on the suitability of modified work and typically will request more fulsome information about the worker’s functional abilities and restrictions in order to decide on lost time benefits. As one can imagine, this information takes time to obtain.
What do I do while WSIB is reviewing the information and the worker remains off work?
We always recommend that the employer remain in regular contact with the worker and encourage participation in RTW planning in order to mitigate his/her potential financial loss. Should they continue to refuse once the decision on suitability is received, lost time benefits could be avoided.
Bringing It All Together
- Early and Safe Return to Work practices will often save you from unnecessary lost time in claims.
- Employers should always offer written suitable modified work to employees.
- If an injured worker has declined modified work, do not be afraid to discuss your concerns with WSIB.
- Finally, remember that “two weeks off” does not always translate to suggest that the worker is totally disabled and is therefore incapable of completing suitable modified work.
Next steps:
Are you experiencing RTW difficulties with an injured worker? Contact Clear Path to book your free 15-minute consultation.