Stay-at-Work and Return-to-Work

Stay-at-Work and Return-to-Work

Please review the 13 state policy options identified during the SEED May 2018 SAW/RTW Information Gathering Sessions. Provide comments to help develop the policy option or identify potential barriers to the policy's implementation. Don't forget to vote on all the policy options!

Stay-at-Work and Return-to-Work

Institute Programs that Provide Education and Technical Assistance

Educational programs and technical assistance should provide funding and related resources to help employers develop transitional programs that includes program development support. In addition, programs should make available handbooks and manuals on best practices related to return to work and stay at work. Examples: Ohio - Transitional Work Grant https://www.bwc.ohio.gov/downloads/blankpdf/TWGQandA.pdf Montana - Stay ...more »

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Stay-at-Work and Return-to-Work

Develop Return to Work Programs for State Employees

When creating a RTW program, establish a coordinator who is responsible for working with state agencies, their employees, disability insurance carriers, and treating physicians.

Example:

Delaware - https://ben.omb.delaware.gov/disability/documents/faq-sec-7.pdf?ver=0929

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Stay-at-Work and Return-to-Work

Establish Universal State Disability Insurance for Off-the-Job Injuries

Establish universal state disability insurance for employees who were injured off the job.

Examples:

Rhode Island - http://riilsr.org/wp-content/uploads/2014/10/Guide-to-Employment_COMPLETE.pdf

California - http://www.calhr.ca.gov/state-hr-professionals/Pages/benefits-administration-manual-workers'-compensation.aspx

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Stay-at-Work and Return-to-Work

Create Incentives for Employers to Offer Injured Workers Return-to-Work Alternatives

For example, if the employer offers the injured worker regular, modified or alternative work for a period of at least 12 months, and regardless of whether or not the injured worker accepts, each permanent partial disability payment “remaining” to be paid to the injured employee “from the date the offer was made” is decreased by 15%.

Example: California - https://www.dir.ca.gov/InjuredWorkerGuidebook/Chapter7.pdf

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Stay-at-Work and Return-to-Work

Institute a Preferred Worker Program

A Preferred Worker Program provides injured workers with benefits such as a work-search allowance and reimbursement for new tools and equipment.

Examples: North Dakota - https://www.workforcesafety.com/employers/return-to-work/preferred-worker-program

Oregon - https://wcd.oregon.gov/rtw/pages/pwp.aspx

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Stay-at-Work and Return-to-Work

Develop Workers Comp Trial Period Return-to-Work Programs

Encourage workers to take advantage of partial return to work opportunities by implementing trial periods to minimize employee risk of losing workers compensation benefits.

Examples:

North Carolina - http://www.ic.nc.gov/ncic/pages/statute/97-321.htm

Massachusetts - https://www.mass.gov/files/documents/2016/08/wn/ee-english.pdf

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Stay-at-Work and Return-to-Work

Provide Premium Discounts Based on Successful Return to Work

Provide employers with a bonus for using an approved transitional work plan to return injured employees to work.Include premium exemptions for Preferred Worker Program.

Examples:

Ohio - https://www.bwc.ohio.gov/employer/forms/TransitionalWork/bonus/Default.aspx

North Dakota - https://www.workforcesafety.com/employers/return-to-work/preferred-worker-program

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Create a State Program that Provides Subsidies and Incentives for Accommodations

Include provisions to reimburse employers for the costs of workplace modifications, accommodations, and assistive technology. Provide monetary incentives to employers in support of workplace modifications for injured workers. Examples: Montana - http://leg.mt.gov/bills/mca/title_0390/chapter_0710/part_0100/section_0410/0390-0710-0100-0410.html Washington - https://www.lni.wa.gov/ClaimsIns/Insurance/Injury/LightDuty/Default.asp ...more »

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Provide Wage Subsidies for Returning Injured or Ill Employees to Transitional or Partial Return-to-Work

Reimburse employers for a percentage of the base wages paid to injured workers for up to a certain amount of days. Pay wage subsidies for percentage of the RTW gross wages for up to a certain amount of work days.

Examples:

Washington - https://www.lni.wa.gov/ClaimsIns/Insurance/Injury/LightDuty/Default.asp

Oregon - https://wcd.oregon.gov/rtw/Pages/eaip.aspx

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Implement a Centers of Occupational Health and Education, Coordinated Early Intervention Program (COHE)

Coordination of services, including enhanced stakeholder communication, return to work planning, and identification of potential delays and solutions to keep both plans and treatment on track. Physician training on occupational health best practices. A data management system allowing service coordinators real-time access to relevant information to support case management. Example: Washington - http://www.lni.wa.gov/claimsins/providers/projresearchcomm/ohs/ ...more »

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Develop State Vocational Rehabilitation (VR) Agency Programs

Rehabilitation Act, as amended by Workforce Innovation and Opportunity Act (WIOA), allows VR agencies to provide job retention services to individuals, even if there is priority of service in that state. Services include vocational counseling, specialized assessments, on-site job assessment, identification of accommodations, modifications to work environment, job analysis to identify specific functions of a job (essential ...more »

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