Republished from Your Retro Resource by AWC Workers’ Comp Retro Program

Many employers will encounter a particularly challenging type of employee – the one you suspect may be "gaming the system" when it comes to a workers’ compensation claim. But how do you know they are not a legitimate workplace injury? View L&I’s list of behaviors that may indicate injured worker fraud. This list can help you spot red flags.

There are a few steps employers can take to address the precarious balance of supporting a legitimate injured employee while protecting yourself from workers who might be abusing the system.

1. Call the employee periodically to see how they are feeling.
   This should be done by someone who knows the employee. A direct supervisor is the best candidate. Avoid having an HR manager – with whom they have no rapport – make the call. Don't underestimate the power of those human connections and be prepared to exercise those listening skills!
2. Discuss return to work options.
   Light and modified duty should be communicated to employee from the beginning. It should be clear that the employer is dedicated to return to work and why.
3. Get involved in conversations with your workers’ comp claims coordinator.
   Your city’s workers’ comp claims coordinator should be available to assist your city as the injured workers’ claim evolves, and you should feel free to regularly let them know about questions, updates, or raise concerns so your coordinator can help. For cities that are AWC Retro members, staff is available to help and are establishing regular claims meetings with all employers.

For those cities that are AWC Retro Program members, you can reach out to AWC Retro staff for help. The AWC Workers' Comp Retro Program (Retro) provides training and tools that empower employers to lower risks for on-the-job injuries and reduce overall workers’ compensation costs. Member benefits include Washington State Department of Labor & Industries (L&I) claims management, loss prevention consultation, trainings, and hearing test reimbursement.

A supervisor’s role after an injury

The relationship an injured worker has with their supervisor can influence how they feel about returning to work, and how smoothly and safely that transition happens. This influence makes it critical that organizations ensure their supervisors know how to proceed with injured staff after an accident, and that they coordinate with HR and other involved in the claims process.

Check out these three important tips to help supervisors have a positive impact on your injured worker and the recovery and return-to-work process.

• Check in with injured workers after they have received care. It is important for injured employees to stay connected to their workplace and coworkers. This call can help in that effort. We recommend that, in appropriate circumstances, the supervisor talk to the worker about their outlook on returning to work, and what concerns they may have around that step. Help remove barriers that may make a worker less willing or interested to come back to work in a transitional light-duty role. Continue regular check-ins if the employee is away from the workplace.

• Do not tell the worker there is no light-duty without speaking to HR and others involved in the claims process. Many organizations have the capacity to have injured workers work outside their normal workgroup or facility. If you need light duty job ideas, AWC's salary survey job bank may have ideas suitable to your circumstances.

• Ensure light-duty restrictions are followed when workers return. Sometimes circumstances, co-workers, and even the injured worker themself, are pushing the worker beyond their medical restrictions. It is in the long-term best interest of all parties for workers to keep within their restrictions while they heal and receive treatment. The supervisor should pay attention to ensure the worker is not feeling pressured to exceed these restrictions. If it is a repeated issue, it is important to have a discussion with the worker, and potentially modify their work duties.