Managing Your Risk as an Employer

Presented by Lisa A. Mart

Iowa Municipalities Workers’ Compensation Association

Managing the Employee

Incident Review

Designated Provider

Return-to-Work

Safety Committee

Job Descriptions

Cornerstones for Managing Your Employee

Common Traits of Repeaters

Views workers' compensation is an entitlement; or the “company owes me“

Poor relationship with management or feels management does not monitor performance or audit claims

Careless work habits; history of poor performance, illness or injury; or a family or other outside stress that shows up on the job

May not understand the company safety procedures and policies; or that misusing workers' compensation can affect company profits and job security

Managing the Repeater

Train Advise Manage

Safety culture is the expectation

Make safety a measurable part of the evaluation

Managing the Repeater

Find the root cause(Incident Review)

Repeaters should be handled as a high priority (Personal Action Safety Plan)

Promote safe behavior

Not a disciplinary action

The focus on what is best for the employee

Interactive goal setting process with the employee

Review plan with employee routinely is essential

Personal Safety Action Plan (PSAP)

Employee Physicals

• No medical questions allowed in screening of applicants

Pre-Offer/Pre-Employment

• Employment offer made contingent upon physical

• Medial questions and exam permitted

Post Offer/Pre-Employment

• Medical inquiries limitedPost

Employment

Stages of Employment ADA/ADAAA Interplay

Skills Assessment

Physical Fitness

Physiological Fitness

Pre-Employment Assessments

*Consistency in exams. No medical inquiries.

Post Offer/Pre-Employment Exams

Medical information confidential Not in personnel file

No discriminating based on exam resultsSeek out reasonable accommodation

No inquiry of family medical historyGenetic Information Nondiscrimination Act of 2008 (GINA)

Job-related/consistent with business necessity

Concern the employee is unable to perform essential job functions

After a worker’s compensation case

When the employee has been out-of-work for long period with illness/injury*Exception: Family and Medical Leave Act (FMLA)

Post Employment Physicals

Fit for Duty (FFD)

Employee requests reasonable accommodation

Only focus on specific medical condition

An FCE cannot be used as an excuse to make an employment decision

vs Functional Capacity Exam (FCE)

Employer ordered Adjuster/Case Manager ordered

Measures ability to return-to-work, complete essential job functions

Reasonable expectation injury results in permanent restrictions

Change in health status may affect safe job performance

Pre-existing condition and work injury result in permanent restrictions