Return-to-Work (RTW) for your Litigation Mitigation toolbox 

Workers’ compensation claims rarely lead to litigation, with 5% resulting in trials [1]. Most cases are settled out of court or resolved through mediation or arbitration [2]. One of the many reasons companies implement RTW programs is to mitigate these risks. These programs facilitate a smooth transition for injured employees back into the workplace, offering structured support and clear guidelines that align with jurisdictional standards. RTW programs, such as ReEmployAbility’s Transition2Work (T2W) program, not only help to expedite the recovery process for workers but also play a crucial role in minimizing the likelihood of legal entanglements, ultimately promoting a healthier work environment and reducing overall costs for employers. 

The Positive Impact of Transitional Duty Opportunities 

Return-to-Work (RTW) programs provide modified or light-duty positions for employees who have sustained injuries and are filing workers’ compensation claims. Their primary goal is to facilitate the reintegration of injured employees into the workplace through a structured approach that supports individuals as they recover and transition back to their regular roles. Transitional programs for injured workers promote faster recovery, boost employee morale, and demonstrate the employer’s commitment to employee well-being. 

Key components of effective RTW programs include transitional duties that accommodate the capabilities of injured workers and modified roles that align job responsibilities with the employee’s current health status. Collaboration among the injured employees, healthcare providers, and management is critical for a smooth transition. Clear policies are essential for establishing guidelines and maintaining open lines of communication throughout the process, ensuring injured employees receive the necessary support to recover and return to work successfully. This structured approach allows employers to appropriately assist an injured employee throughout a workers’ compensation claim, lessening concerns that may lead to litigation. 

Jurisdictional Standards

Return-to-Work Supports the Employee-Employer Relationship 

Implementing a Return to Work (RTW) program offers significant benefits that can effectively minimize associated workers’ compensation risks for organizations. Early intervention in workers’ compensation claims can reduce legal costs by preventing disputes from escalating. Such programs can enhance employee morale, fairness, and trust by ensuring fair treatment, ultimately minimizing grievances. A clear commitment to accommodating injured employees facilitates faster claim resolutions, which is advantageous for both the employer and the employee. Ultimately, effective RTW programs often result in lower insurance premiums by reducing the duration and costs associated with claims, making them a valuable investment for any organization [3]. 

Offering Litigation Support 

ReEmployAbility’s Transition2Work program offers a variety of benefits for companies. Should a claim go into litigation, ReEmployAbility is there to support your process. Its history of providing effective support includes assistance with affidavits and testimonies, helping to ensure that companies can present their cases confidently. This comprehensive approach strengthens a company’s legal position and streamlines the litigation process. ReEmployAbility offers a comprehensive Return-to-Work program from the initial referral to the conclusion of an employee’s compensation claim. 

Invest in ReEmployAbility’s Transition2Work Program 

Recognizing the connection between Return-to-Work (RTW) programs and the reduction of litigation is essential. Companies are encouraged to assess their current RTW strategies, identifying areas for implementation and improvement. This could involve enhancing communication between the injured employee, healthcare providers, and management or refining the process of offering transitional duties and modified roles. By prioritizing and enhancing RTW programs, companies can enjoy long-term benefits, including reduced costs associated with claims and litigation, improved employee morale, and increased productivity. Transition2Work is a win-win for you and your employees.  

Reach out to our Transition2Work experts today to learn how our program can support your injured employees.  


References:  

  1. Missouri Department of Labor and Industrial Relations. (n.d.). What to expect at trial. Division of Workers’ Compensation. From https://labor.mo.gov/dwc/injured-workers/what-to-expect-at-trial 
  1. John Foy & Associates. (n.d.). What percent of workers’ comp cases settle during mediation? Retrieved from https://www.johnfoy.com/faqs/what-percent-of-workers-comp-cases-settle-during-mediation/ 
  1. U.S. Department of Labor. (2015, March). The costs and benefits of return-to-work programs (Issue Brief). Retrieved from https://www.dol.gov/sites/dolgov/files/odep/topics/pdf/rtw_costs-benefits_brief_2015-03.pdf 

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