Strengthening Your Workers Comp Program Richard Buttenshaw ARMP

Strengthening Your Workers Comp Program Richard Buttenshaw ARM-P, CIC, CSP Loss Control Division

A Tool Box Approach Drug Testing Pre-Employment Physicals New Hire Safety Orientation Medical Protocol Light Duty and Return To Work Counseling Claimants Loss Control Division

Drug Testing • Three different types of drug testing: 1. 2. 3. Pre-employment Post Accident Random MWCF Discount • Based on Federal Transportation drug test • NIDA-5 kit (and “Look A Like”) • NIDA-7 kit • Always use third party Loss Control Division See Handout

Developing a Policy • Developing a drug testing policy • Get your attorney to review • “Safety Sensitive” positions • Fourth Amendment issues • Use a specialist attorney (for a fee): Tommy Eden Constangy, Brooks & Smith, LLP Opelika AL Tel: 1 -334 -246 -2901 Email: teden@constangy. com Loss Control Division

Pre-Employment Physicals • Why do pre-employment physicals? • • You “inherit” pre-existing conditions Obtain a back x-ray • How to conduct these physicals: • Develop ergonomic job descriptions • Must be done correctly • Local occupational therapy clinics See Handout Loss Control Division

New Hire Safety Orientation • New hires = higher risk of injury • • Lack of training Afraid to ask for help See Handout • Often overlooked in the hiring process • “We will get to that tomorrow. I just need them out there working right now” • Not as complex as it sounds • Creates documentation Loss Control Division

Medical Protocol • Ability to select your WC doctor • Not an option in most States • What and Why? • • • How to set one up Cost savings Not designed to deny claims See Handout MWCF Discount Loss Control Division

Cost Containment • Cornerstone is the Medical Protocol • Gatekeeper Doctor is assigned by employer • Any Doctor the Gatekeeper refers to is automatically approved § Creates the need to have referral list already completed: • Orthopedic Specialist & Neurologist § ER must only refer back to the Gatekeeper • All Doctors used are predetermined and we stay within the “box” – known results Loss Control Division

Light Duty and Return To Work • Based on recent national studies: • • Many found that employees will return to their normal job 50% faster Many organizations that have these programs have experienced 25 -50% cost reductions Loss Control Division

Returning To Work Statistics After six weeks Back to work 90% continue After six months Not back 90% gone Loss Control Division

Developing Light Duty Programs • Primary function - to provide “temporary” accommodation • Must adhere to doctor’s restrictions • Time limited to a set time period or reaching maximum medical improvement (MMI) • Avoids ADA and wrongful termination issues • MWCF pays differential See Handout Loss Control Division

Claim Final Indemnity Value • Return to Work (RTW) – The employer can provide the employee with a job. § Doctor’s physical impairment rating § Low Settlement Value • No Return to Work – The employer cannot provide the employee with a job. § Utilizes a vocational disability rating § High Settlement Value Loss Control Division

Counseling Claimants • Investigate the root cause of the accident § But often done in isolation • Sets a precedent § Somebody is watching claims • Counsel vs. Discipline § Critical sessions done correctly § Helps avoid retaliation claims • Not just for WC claims § Helps avoid retaliation claims Loss Control Division See Handout

Summary Policies Safety Proactive Program Savings Loss Control Division

Questions? Loss Control Division