Back to Work Programs
Presented by:
Dan Neubert
Topics
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Reasonable Accommodation
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Transitional Work
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Remain at Work Program
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Vocational Rehabilitation
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Job Retention
The Americans with Disabilies Act
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The Americans with Disabilities Act
requires employers with 15 or more
employees to provide reasonable
accommodation for persons with a
disability.
What is a reasonable
accommodation and what does it
have to do with a work related
injury?
Reasonable Accommodations
include:
o
o
o
o
o
Making existing facilities accessible
Job restructuring
Part-time or modified work schedules
Acquiring or modifying equipment
Reassignment to a vacant position
Reassignment to a Vacant Position
per EEOC
“This type of reasonable accommodation
must be provided to an employee who,
because of a disability, can no longer
perform the essential functions of his/her
current position, with or without reasonable
accommodation, unless the employer can
show that it would be an undue hardship.”
Reassignment to a Vacant Position
per EEOC
“An employee must be “qualified” for the
new position. An employee is “qualified” for
a position if s/he satisfies the requisite skill,
experience, education and other job-related
requirements of the position and can
perform the essential functions of the new
position with or without reasonable
accommodation.”
Reassignment to a Vacant Position
per EEOC
“The employee does not need to be the best
qualified individual for the position in order
to obtain it as a reassignment.”
EEOC vs. Sears Roebuck & Co.
The EEOC’s suit alleged that Sears
maintained an inflexible workers’
compensation policy and terminated
employees instead of providing them with
reasonable accommodations for their
disabilities.
Injured Worker
o
o
o
o
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John Bava
Service Technician
Injured on the Job
Permanent Restrictions
Repeatedly attempted to return to work
Employer
o
o
o
o
Sears Roebuck & Co.
Failed to provide Bava with a reasonable
accommodation.
Terminated his employment after his
workers’ compensation leave expired.
Hundreds of other employees were
terminated without Sears considering
reasonable accommodation to return them
to work while they were on leave.
Federal Court Decree of 9/29/09
Sears pays $6.2 Million for Disability Bias
Sears has agreed to the following
consent decree:
o
o
o
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Amend its workers’ compensation leave
policy
Provide written reports to the EEOC
detailing its workers’ compensation
practices’ compliance with the ADA
Train its employees regarding the ADA
Post a notice of the decree at all Sears
locations
Transitional Work
o
o
o
o
o
For injured workers with job restrictions
resulting from the allowed injury
Assists the injured worker in progressively
performing the duties of a job
Developed in conjunction with the employer,
injured worker and physician of record
Length of program usually 12 weeks or less
Program is temporary and transitional
What happens if the injured worker
is not able to perform the duties of
their job?
Programs available through BWC
o
o
o
Remain at Work
Vocational Rehabilitation
Job Retention
Remain at Work
o
o
o
Injured worker with a Medical Only claim
Difficulty at work related to the allowed
condition
Services provided to stay on the job
Remain at Work Services may
include:
o
o
o
o
o
Transitional work
Gradual return to work
On the Job Training
Job Modification
Tools and equipment
Vocational Rehabilitation
Injured worker not working due to injury
related restrictions.
Job Retention
Injured worker is working but having
difficulty due to injury related restrictions.
Role of Vocational Rehabilitation
o
o
o
o
Individualized and Voluntary program for
eligible injured workers with a Lost Time
Claim.
Provides assistance in safely returning to
work or in retaining employment.
Emphasizes restoring or maximizing the
injured workers’ abilities.
Minimizing long debilitating absences from
work.
Return to Work Hierarchy
1.
2.
3.
4.
Same Job, Same Employer
Different Job, Same Employer
Same Job, Different Employer
Different job, Different Employer
Return to Work Incentive Services
May Include:
o
o
o
o
o
Employer Incentive Contract
Gradual Return to Work
Job Modifications
On-the-Job Training
Work Trial
Vocational Rehabilitation Services
(over 40 services available) may
include:
o
o
o
o
o
o
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Tools and equipment
Training
Therapy (PT & OT)
Job Seeking Skills Training
Relocation Expenses
Job Placement
Transitional Work
Employer Benefits of early Return to
Work:
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o
o
o
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Safely return injured workers to productive
jobs
Prevent Medical Only claims from becoming
Lost Time Claims
Minimize costs of claims
Vocational Rehabilitation costs are charged to
the Surplus Fund
Reduce reserves on claims and ultimately
reduce premiums
Questions?
Please feel free to call Dan Neubert at
216-426-0646 to discuss.
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