Building a Return-to-Work Program: A Guide for Workers' Comp Agents

In our previous blog, we highlighted the significant benefits of Return-to-Work (RTW) programs, including faster employee recovery, reduced claims costs, and improved workplace morale. Now, let's delve into how agents can actively help their clients and prospects establish effective RTW programs. 

The Importance of RTW Programs 

Return-to-work programs are crucial for employers to have in place before an injury occurs. There are countless benefits to return-to-work programs, including: 

• • Reducing Claims Costs: Employers can minimize the duration and cost of workers' compensation claims by facilitating early return to work through light or modified-duty jobs. 

• • Enhancing Employee Morale: Employees who return to work promptly often experience better mental health outcomes and feel more valued by their employers. 

• • Maintaining Productivity: Early return of employees helps maintain operational continuity and reduces the need for temporary replacements. 

Keep in mind, light duty isn’t just for serious injuries. Smaller injuries can actually benefit the most from light duty programs, by keeping the claim to medical-only and getting the worker back to work quickly. 

Challenges in Implementing RTW Programs 

Even if employers have return-to-work programs, they may not be as thorough or effective as possible—they may not even hold up in court. Return-to-work or modified duty programs must meet certain requirements to comply with federal and state laws and avoid claims disputes. 

In addition, there are a lot of stakeholders to coordinate, and timing is of the essence, leaving employers vulnerable if they don’t have a strong process in place.  

This offers an excellent opportunity for agents to help clients develop and implement a successful return-to-work program that will improve claims performance, reduce the mod impact of injuries, and eventually lower work comp premiums. 

This is also a fantastic service to mention to prospects, especially if you are delivering an experience mod analysis as part of your sales process. Mod insights are critical, but elite agents go the next step to offer prospective clients results that move the needle, such as an RTW program. 

Key Steps to Establish an Effective RTW Program 

Follow these steps to help your clients develop an effective return-to-work program.  

1. Understand State-Specific Workers' Compensation Laws

Each state has unique regulations and case law regarding workers' compensation that impact return-to-work programs. Help your client understand the requirements in the state(s) they operate as a starting point. Some of the most common laws or requirements center around: 

• • The Experience Rating Adjustment (ERA) program, which in many states offers a heavily discounted impact to the mod if claims stay medical-only (no lost wages) 

• • Whether or not an employer can direct where an injured employee must seek medical care 

• • Whether employees lose eligibility for lost wages if they decline an employer offer of modified duty  

• • Specific requirements about written job offers 

• • Proper coordination and communication with the insurance carrier 
    

2. Establish Relationships with Occupational Medicine Providers

Encourage clients to establish a proactive relationship with an occupational health clinic before an injury occurs. This is important for several reasons: 

• • In some states, as mentioned above, employers can direct injured workers where to access care, so having a preferred provider is advantageous 

• • Even in employee-choice states, the company can recommend a clinic or provider 

• • A strong relationship allows the employer to share their light duty policy and job bank ahead of time, so doctors are more likely to approve modified duty work 

• • Using the same provider can facilitate smoother transitions back to work with common processes and documentation 

If there isn’t an occupational med center in your client’s area, proper policy and documentation are even more important to coordinate with local emergency rooms or providers. 

3. Develop Comprehensive Documentation

A good return-to-work program should be backed by the right paper trail to ensure everyone understands their role in the process. Think of it this way: if an injury happens on a Friday and you’re not available, would your client and their staff know what to do? 

• • A Written Return-to-Work Policy – A formal document stating the employer’s intent to bring injured employees back to medically appropriate work as soon as possible 

• • Work Restriction Forms – Forms that treating physicians complete to define the employee’s physical restrictions and abilities 

• • Offer Letters for Modified Duty – Specific offer letters for each type of modified duty job, including the job description, duration of the modified role, and start date.  

Templates for all of the above should be created in advance and ready to use immediately after an incident.

Want a done-for-you program with all the required documentation? Check out LightDutyWorks to be a hero to your clients and prospects.

4. Train All Stakeholders

RTW programs fall apart when key players aren’t aligned. Help your clients by organizing or recommending training for these groups: 

• • Supervisors/Managers – Need to understand how to respond to injuries, identify suitable light duty tasks, and support the employee’s reintegration. 

• • HR/Ownership – Should lead documentation, coordinate with providers, and maintain program consistency. 

• • Medical Providers – When possible, provide the clinic with an overview of light duty capabilities and policy. 

• • Team Members – Should understand the purpose of light duty and avoid stigmatizing or resenting injured workers returning in temporary roles. 

• • Insurance Carrier or TPA – Should be looped in early to help facilitate claim management and ensure alignment with RTW goals 

• • Employees – Employees must be trained to understand the program and how it benefits them, before an injury occurs. 

An agent can serve as the coordinator or advisor for these training efforts, and even offer guidance on what each role needs to know. 

5. Identify Suitable Light-Duty Tasks

Your clients should build a library of light duty jobs before an injury happens, tailored to the worker's physical restrictions and abilities during recovery. The last thing you want is a scramble against the clock to determine a modified job for an injured worker. Examples include: 

• • For employees with lifting restrictions: 

• • • Filing, data entry, inventory tracking 

• • • Tool cleaning or prep work 

• • For employees with standing/walking restrictions: 

• • • Answering phones, sitting at a reception desk 

• • • Online training or safety course completion 

• • For employees unable to return to the facility: 

• • • At-home assignments like reviewing safety videos and writing summaries 

• • • Product or safety manual proofreading 

• • • Data cleanup or customer follow-up calls (if appropriate) 

This is where many employers struggle and figuring out a suitable job isn’t something you want to do when an injury happens. Help your clients by offering them a turnkey return-to-work program with a searchable library of light duty jobs built in. 

6. Implement a Timely Response Protocol

The moment an injury occurs, the clock starts ticking. Employers need a clear, consistent protocol that covers: 

1. 1. Immediate First Aid or Medical Evaluation: Decide if onsite treatment is appropriate or if referral to the clinic is needed 
   2. Incident Reporting: Supervisor should document what happened within hours 
   3. Carrier Notification: Claims should be reported to the insurance carrier or TPA same day whenever possible 
   4. Physician Restriction Form Collection: When the employee sees a doctor, ensure a restriction form is obtained before they leave 
   5. Review and Assign Light Duty: Based on restrictions, assign a modified role and issue an official offer letter 
   6. Check-In and Monitor: Follow up regularly with the employee, doctor, and supervisor to adjust duties as needed 

Share this simple checklist with your clients and prospects for What to Do When an Injury Occurs. 

The Return-to-Work “Easy Button” 

Set yourself apart to clients and prospects by offering a turnkey return-to-work program through Emerge Apps’ LightDutyWorks app. It includes: 

• • A formal RTW policy 

• • A modified duty job bank search based on restrictions and abilities 

• • Critical documentation, including medical restriction forms and job-specific offer letters 

Want to see LightDutyWorks in action? Request a demo today!