return to work - saif your job offer letter ... the worker should obtain a release to return-to-work...

© SAIF Corporation of 25 S-825 January 2007

Return-to-Work SAIF Corporation is committed to helping injured workers return to work as early as possible. If an injured worker cannot return immediately to regular work due to physical limitations or constraints, SAIF return-to-work consultants will work with the employer and the treating physician to return the injured worker to a transitional/temporary job. Return-to-work programs play a major role in controlling claim costs and save millions of dollars in reduced time-loss payments.

A return-to-work program is an essential part of a company’s loss control efforts. It can reduce the total number of claims, contain workers’ compensation claim costs, and encourage workers to participate in the process, thus enhancing their awareness of safety and their responsibility in the recovery process. Proactive return-to-work efforts can be a pricing and selection advantage for those who perform post-loss cost containment activities. A sample written program is included in this section. As with any new written process, check with a legal professional before implementing, to ensure that it is consistent with your other written policies.

A return-to-work program simply provides transitional/temporary jobs, approved by the injured worker’s physician, in order to bring the worker back to work at the earliest possible time rather than waiting for the worker to be released for normal work duties.

Communication with all parties–the injured worker, the attending physician, company management, the immediate supervisor, and the insurance company–is crucial to the success of the program. There should also be a provision for monitoring the transitional/temporary job, until the worker is released for normal work or the worker’s condition becomes medically stationary.

RISK MANAGEMENT

Return to Work

Risk Management Return to Work www.saif.com


Program benefits

Injured workers off work longer than six months have only a 50 percent chance of returning to their job. If time loss exceeds one year, there is a 90 percent chance they will never return to work.

Return-to-work programs reduce medical costs. The injured worker heals faster, shortening the time medical treatment is required.

Return-to-work programs reduce legal costs. Workers are less likely to feel their rights have been violated causing them to hire legal council.

Cost reductions resulting from return-to-work programs directly impact your organization’s workers’ compensation premium rate.

Manage the process

The immediate supervisor serves a key role in making the process successful. Consistent and on-going communication with the worker is vital. The process should be treated in a positive, proactive fashion. The worker in a transitional/temporary job should be made to feel that he or she is a productive part of the work force. Care and concern should be expressed by all involved, including the worker’s peers. You should inform your claims adjuster and/or return-to-work consultant regarding any changes in the worker’s transitional/temporary work status.

How to get your injured workers back to work and control workers’ compensation costs

1. Find a transitional/temporary job that fits the injury.

Use your Release to Return-to-Work form (a sample is included in this section) or physician’s release form to determine the physician’s work restrictions. Then, if possible, identify a suitable transitional/temporary job within those restrictions. Provide a copy of this form to your worker and instruct the worker to have their physician complete the form at each visit and return it to you so that you may stay updated with their most current work restrictions.

2. Do not wait for the physician to contact you.

Write a description of the transitional job (using the Job Description form included in this section), identifying the physical requirements of your transitional/temporary position. When applicable, use the information previously obtained from your Release to Return-to-Work Form or other physician’s release information.

Send the job description to the treating physician, introducing the job and expressing your willingness to accommodate the physical restrictions the physician identified. Offer to pick up the response, or provide a fax or contact number to the doctor and ask them to advise you when it is completed from the physician’s office to speed up the process. Maintain contact with the physician until you obtain approval.



3. When you get a physician’s approval of the job description:

Call the injured worker and have him/her come in to your office to go over the job description (job duties) and sign the Job Offer letter (A sample is included in this section.) Make sure the work restrictions are clear to the worker and to all the necessary levels of supervision.

If the duration of the Job Offer is unknown, use “temporary, to be reviewed periodically”.

If the worker has no phone, is not returning calls, or has moved out of the area:

Send a written Job Offer letter via both certified (restricted delivery) and regular mail. This letter should inform the worker that the physician has released him/her. Use your Job Offer letter (sample included in this section) to satisfy your legal requirements. Be sure to include a copy of the Job Description form signed by the physician.

4. Notify your SAIF claims adjuster or return-to-work consultant:

When the worker returns to work.

If the worker refuses the modified work or fails to report to work on the start date.

If the work available for the worker is less than on the Job Offer letter.

5. Send a copy of the physician's release, the approved Job Description, and your written Job Offer to the SAIF claims adjuster and/or return-to-work consultant, along with certified receipts.

6. Key factors to remember:

In order to ensure compliance with Workers’ Compensation Law, make sure that you notify your SAIF return-to-work consultant if you have any questions regarding this process. Remember that in certain situations an employee may refuse an offer of modified employment and continue to receive temporary total disability benefits. Those situations are highlighted on next page.



ORS 656.268 (4)

(c) …However, an offer of modified employment may be refused by the worker without the termination of temporary total disability benefits if the offer:

(A) Requires a commute that is beyond the physical capacity of the worker according to the worker’s attending physician;

(B) Is at a work site more than 50 miles one way from where the worker was injured unless the site is less than 50 miles from the worker’s residence or the intent of the parties at the time of hire or as established by the pattern of employment prior to the injury was that the employer had multiple or mobile work sites and the worker could be assigned to any such site;

(C) Is not with the employer at injury;

(D) Is not at a work site of the employer at injury;

(E) Is not consistent with the existing written shift change policy or is not consistent with common practice of the employer at injury or aggravation; or

(F) Is not consistent with an existing shift change provision of an applicable collective bargaining agreement

This statute is further explained in OAR 436-060-0030(5)


This is a sample policy provided by SAIF as a service to its insureds. Not all provisions may be applicable to your business. Before adopting any of this return-to-work policy, you should obtain legal counsel and advice.


(Company Name)

Return-To-Work: Sample Policy

Note: This document is not designed as a substitute for reasonable accommodation under any applicable federal or state laws, such as Americans with Disabilities Act, The Rehabilitation Act of 1973, or other applicable laws. To preserve the ability to meet company needs under changing conditions, this company reserves the right to revoke, change, or supplement guidelines at any time with written notice. The policies and procedures in this return-to-work program are not intended to be contractual commitments and they shall not be construed as such by our employees. This policy is not intended as a guarantee of continuity of benefits or rights. No permanent employment for any term is intended or can be implied by this policy.

Objectives: (Company Name) has developed a return to work policy. Its purpose is to return workers to employment at the earliest date following any injury or illness. We desire to speed recovery from injury or illness and reduce insurance costs. This policy applies to all workers and will be followed whenever appropriate.

(Company Name) defines “transitional” work as temporary modified work assignments within the worker’s physical abilities, knowledge, and skills. Where feasible, transitional positions will be made available to injured employees in order to minimize or eliminate time loss.

For any business reason, at any time, we may elect to change the working shift of any employee based on the business needs of this company.

This is optional language that may be included depending upon your business need.

The physical requirements of transitional/temporary work will be provided to the attending physician. Transitional/temporary positions are then developed with consideration of the worker’s physical abilities, the business needs of (Company Name), and the availability of transitional work.

In case of an on-the-job accident If you have a work-related injury and are missing time from work, contact our human resources or personnel department or SAIF Corporation for details regarding time loss.

Transitional temporary work assignment (Company Name) will determine appropriate work hours, shifts, duration and locations of all work assignments. (Company Name) reserves the right to determine the availability, appropriateness, and continuation of all transitional assignments and job offers.

Communication It is the responsibility of the worker and/or supervisor to immediately notify Personnel of any changes concerning a transitional/temporary work assignment. Personnel will then communicate with the insurance carrier and attending physician as applicable.




Employee responsibilities

1. Accident reporting:

A. An accident is any unplanned event that disrupts normal work activities and may or may not result in injury or property damage. All work-related accidents, injuries, and near misses must be reported immediately to Personnel.

B. If an accident occurs, but does not require professional medical treatment, the supervisor should immediately be informed, so that an accident analysis can be completed. If first-aid treatment is needed, it should be sought on-site.

C. If an accident occurs which requires professional medical treatment, the worker should follow the emergency response plan. The worker must fill out a workers’ compensation 801 form as soon as possible.

2. Worker’s physical condition:

A. If professional medical treatment is sought, the worker should inform the attending physician (Company Name) has a return-to-work program with light duty/modified assignments available.

B. The worker should obtain a Release to Return-to-Work form and completed Job Description form (if available) from Personnel. This should be provided to the treating physician and should be returned to Personnel following the initial medical treatment.

3. Worker return to work:

A. If the attending physician releases the worker to return to work, as evidenced by completion of a Release to Return-to-Work Form and Job Description Form, the form(s) must be returned to Personnel, within 24 hours for assignment of light duty/modified work. The worker must report for work at the designated time. The worker cannot return to work without a release from the attending physician.

B. If you return to a transitional/temporary job, you must make sure that you do not go beyond either the duties of the job or your physician’s restrictions. If your restrictions change at any time, you must notify your supervisor at once and give your supervisor a copy of the new medical release.

4. Worker unable to return to work:

A. If the worker is unable to report for any kind of work, the worker must call in at least weekly to report medical status.

B. While off work, it is the responsibility of the worker to supply Personnel with a current telephone number (listed or unlisted) and an address where the worker can be reached.

C. The worker will notify Personnel within 24 hours of all changes in medical condition.




Employer responsibilities

1. Accident reporting:

A. The supervisor will conduct an accident analysis on all accidents, regardless of whether an injury occurs.

B. When an accident occurs which results in injury requiring professional medical treatment, Personnel will forward a completed workers’ compensation 801 form to the insurance carrier within five (5) calendar days of knowledge of the injury or illness.

C. Other information will be forwarded as soon as developed including:

1. Name of worker’s attending physician.

2. Completed Release to Return-to-Work Form from attending physician and medical documentation, if appropriate.

3. Completed transitional/modified or regular Job Description.

4. Job Offer letter and responses.

D. The supervisor will notify the insurance carrier of any changes in the worker’s medical or work status as soon as possible.

2. Medical treatment and temporary/transitional duty physical condition:

A. A Release to Return-to-Work Form and a completed Job Description form (if available) will be provided to the worker to take to the attending physician for completion and/or approval.

B. At the time of first medical treatment the Release to Return-to-Work Form must be completed and returned to Personnel. If one is not, Personnel will request one from the attending physician.

C. The completed Release to Return-to-Work Form will be reviewed by Personnel. A temporary/transitional Job Description form will be prepared from information obtained from the attending physician for review and approval.




3. Job Offer Letter:

A. Upon receipt of a signed temporary/transitional Job Description form from the attending physician, a written Job Offer Letter will be prepared by the employer. It will be mailed by both regular and certified mail to the worker’s last known address or presented to the worker.

B. The letter will note the doctor’s approval and will explain the job duties, report date, wage, hours, report time duration of transitional work assignment, phone number, and location of the transitional assignment.

C. The worker will be asked to sign the bottom of the Job Offer Letter indicating acceptance or refusal of the offered work assignment.

D. Copies of the Job Description, Work Releases, and Job offer Letters will be forwarded to the insurance carrier.

4. Supervisor:

A. The supervisor will monitor the worker’s performance to ensure the worker does not exceed the worker’s physician release.

B. The supervisor will monitor the worker’s recovery progress through regular contact to assess when and how often duties may be changed. The supervisor will assess the company’s ability to adjust work assignments upon receipt of changes in physical capacities.

Worker acknowledgment:

The return-to-work policy and procedures have been explained to me.

I have read and fully understand all procedures and responsibilities.

I agree to observe and follow these procedures.

I have received a copy of this policy and procedure.

I understand failure to follow these procedures may affect my re-employment, reinstatement, and vocational assistance rights.

_____________________________________________________________________ Worker Signature Date


Return form to:

RELEASE TO RETURN TO WORK Name of worker

Claim number

Please fill out this form and return it to us at the address indicated above.

1. Is the worker medically stationary? Yes No If yes, date: (Provide closing information and complete Form 827.)

If no, estimated medically stationary date: Are there permanent restrictions? Yes No Unknown

Next scheduled appointment date:

2. Worker is released to:

full duty without limitations Date: (Do not complete lines 3 through 11. Sign below.)

modified duty from (date): through (date): (specify limitations below)

modified hours specify hours: from (date): through (date):

not released to work Est. RTW date: If modified release, provide date of anticipated regular release:

Hours: No limitations 1 2 3 4 5 6 7 8 Other (specify)

3. In a/an 8 10 12 other -hour workday, worker can stand/walk a total of 4. At one time, worker can stand/walk 5. In a/an 8 10 12 other -hour workday, worker can sit a total of 6. At one time, worker can sit

7. The worker is released to return to work in the following range for lifting, carrying, pushing/pulling:

Pounds <10 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 100 >100

Occasionally

Frequently

8. Worker can use hands for repetitive: Right Left a. Fine manipulation Yes No Yes No Dominant hand b. Pushing and pulling Yes No Yes No Right Left c. Simple grasping Yes No Yes No d. Keyboarding Yes No Yes No

9. Worker can use feet for repetitive raising and pushing (as in operating foot controls): Yes No

10. Worker is able to: Continuous 67-100% of the day

Frequently 34-66% of the day

Occasionally 6-33% of the day

Intermittently 1-5% of the day

Not at all

a. Stoop/bend ------------------ ------------------------ -------------------------- ----------------------- --------------------- b. Crouch ----------------------- ------------------------- -------------------------- ----------------------- --------------------- c. Crawl ------------------------- ------------------------- -------------------------- ----------------------- --------------------- d. Kneel ------------------------- ------------------------- -------------------------- ----------------------- --------------------- e. Twist ------------------------- ------------------------- -------------------------- ----------------------- --------------------- f. Climb------------------------- ------------------------- -------------------------- ----------------------- --------------------- g. Balance----------------------- ------------------------- -------------------------- ----------------------- --------------------- h. Reach------------------------- ------------------------- -------------------------- ----------------------- --------------------- i. Push/pull --------------------- ------------------------- -------------------------- ----------------------- ---------------------

11. Other functional limitations or modifications necessary in worker’s employment:

Additional comments may be written on back of form. Signature of medical service provider∗

Printed name

Date

440-3245 (10/05/DCBS/WCD/WEB)

∗ See OAR 436-010-0210 regarding who may provide medical services and authorize time loss.


Blank Back of Form page


MODIFIED JOB DESCRIPTION EMPLOYER: WORKER: ADDRESS: ADDRESS: PHONE/FAX NUMBER(S): PHONE NUMBER: CONTACT PERSON: CLAIM NUMBER: JOB TITLE OF WORKER: HOURS PER

DAY/WEEK:

LOCATION OF JOB: JOB DUTIES:

ENDURANCE

Never Intermittent <1 hr Occas. 1-3 hrs Freq. 3-6 hrs. Continuous 6+ hrs. Total Hours in a work day Sitting Standing Walking

PHYSICAL REQUIREMENTS Lift 0 hr Intermittent

<1 hr Occas.

1-3 hrs.

Freq. 3-6 hrs.

Cont. 6+ hrs

0 hr

Intermittent <1 hr

Occas. 1-3 hrs.

Freq. 3-6 hrs.

Cont. 6+ hrs

1-10 lbs Bend 11-20 lbs Twist 21-50 lbs Crouch 51-75 lbs Kneel 76-100 lbs Crawl

Walk-Level Surface Carry Walk-Uneven Surface

1-10 lbs Climb Stairs 11-20 lbs Climb Ladder 21-50 lbs Reach Above Shoulder 51-75 lbs Use of Arms 76-100 lbs Use of Wrist

Use of Hands Push (a) Grasping

1-10 lbs (b) Squeezing 11-20 lbs Operate Foot Control 21-50 lbs 51-75 lbs 76-100 lbs Environment

Inside Pull Outside

1-10 lbs Heat 11-20 lbs Cold 21-50 lbs Dusty 51-75 lbs Noisy 76-100 lbs Other

ADDITIONAL COMMENTS: _______________________________________ EMPLOYER SIGNATURE DATE FOR PHYSICIAN TO COMPLETE: Is the worker able to perform the modified job described above and also commute* to that job?

Yes No Date of Release: _____________(Note: Date of release is same as Physician’s Signature Date unless specified) *By "commute" we mean: can the worker tolerate either 1) driving a car, OR 2) being a passenger in a car, OR 3) utilizing public transportation (to and from work) If no, please indicate what changes are needed in order to make this job appropriate: Physician’s signature Date



Regular work job descriptions Definition of regular work for the purpose of this section means: an accurate description of the duties and physical requirements of the position the worker was performing prior to injury.

There are many reasons your return-to work consultant may request a regular job description.

Your consultant may ask you for regular job descriptions in claims where Permanent Partial Disability (PPD) is anticipated.

Your consultant will encourage you to complete the job description with input from your employee whenever possible.

Your return-to-work consultant or adjuster may recommend in certain circumstances to have a vocational consultant obtain a more detailed description of your employee’s regular job.

A regular job description may be requested in order for the doctor to clarify the work status.

Regular job descriptions are sometimes requested as a tool for the overall management of a claim.

(A sample job description form is included in this section, please contact your return-to-work consultant for assistance in completing this form)


REGULAR JOB DESCRIPTION EMPLOYER: WORKER: ADDRESS: ADDRESS: PHONE/FAX NUMBER(S): PHONE NUMBER: CONTACT PERSON: CLAIM NUMBER: JOB TITLE OF WORKER: HOURS PER

DAY/WEEK:

JOB DUTIES (attach narrative description if available, complete physical requirements below):

ENDURANCE

Never Intermittent <1 hr Occas. 1-3 hrs Freq. 3-6 hrs. Continuous 6+ hrs. Total Hours in a work day Sitting Standing Walking

PHYSICAL REQUIREMENTS Lift 0 hr Intermittent

<1 hr Occas.

1-3 hrs.

Freq. 3-6 hrs.

Cont. 6+ hrs

0 hr

Intermittent <1 hr

Occas. 1-3 hrs.

Freq. 3-6 hrs.

Cont. 6+ hrs

1-10 lbs Bend 11-20 lbs Twist 21-50 lbs Crouch 51-75 lbs Kneel 76-100 lbs Crawl

Walk-Level Surface Carry Walk-Uneven Surface

1-10 lbs Climb Stairs 11-20 lbs Climb Ladder 21-50 lbs Reach Above Shoulder 51-75 lbs Use of Arms 76-100 lbs Use of Wrist

Use of Hands Push (a) Grasping

1-10 lbs (b) Squeezing 11-20 lbs Operate Foot Control 21-50 lbs 51-75 lbs 76-100 lbs Environment

Inside Pull Outside

1-10 lbs Heat 11-20 lbs Cold 21-50 lbs Dusty 51-75 lbs Noisy 76-100 lbs Other

ADDITIONAL COMMENTS:

Employer Signature: Employee Signature:

Employer Contact Title/Date: Date: FOR PHYSICIAN TO COMPLETE: Is this job appropriate? Yes No Date of Release: _________________

If not released to regular work at this time, please provide an “ANTICIPATED” DATE: _____________________

Physician’s signature

Date



Job Offer Letter Date _____________________________________

Name of Employee ____________________________________________________________

Address _____________________________________________________________________

City, State, Zip _______________________________________________________________

SAIF Claim ___________________________________________________________________

Date of Injury ________________________________________________________________

Dear: ___________________________________________ :

Your attending physician, Dr. _________________________ , has released you for modified work. We have developed a temporary light duty job within the physical restrictions outlined by your doctor. Your doctor has reviewed and approved a description of the light duty job (see enclosed job description). The duration of this light duty position will be periodically re-evaluated.

Job title:

Wage: $ per (hour/week/month)

Start time: Start date:

Hours per day: Hours per week:

Location: Duration, if known:

Upon receipt of this job offer immediately contact: ___________________________________

If you receive this letter after the start date of this job, the job will begin 24 hours after your receipt of this offer. Your workers’ compensation benefits may be adversely affected if you choose not to accept this job. Under Oregon law, you have the right to refuse an offer of employment without termination of temporary total disability if any of the following conditions apply:

The offer is at a site more than 50 mile from where the worker was injured, unless the work site is less than 50 miles from the worker’s residence, or the intent of the employer and worker at the time of hire or as established by the employment pattern prior to the injury was that the job involved multiple or mobile work sites and the worker could be assigned to any such site. Examples of such sites include, but are not limited to logging, trucking, construction workers, and temporary employees;

The offer is not with the employer at injury;

The offer is not at a work site of the employer at injury;

The offer is not consistent with existing written shift change policy or common practice of the employer at injury or aggravation; or

The offer is not consistent with an existing shift change provision of an applicable union contract.

If you refuse this offer of work for any of the reasons listed in this notice, you should write to the insurer or employer and tell them your reason(s) for refusing the job. If the insurer reduces or stops your temporary total disability and you disagree with that action, you have the right to request a hearing. To request a hearing you must send a letter objecting to the insurer’s action(s) to the Worker’s Compensation Board, 2601 25th Street SE, Suite 150, Salem, Oregon 97302-1282.

Sincerely,

Name, Title Department Telephone

I have read and understand this job offer. I accept this job as offered. Yes ____ No ____

_______________________________________ ___________________ Employee Signature Date



Fast Facts about the Employer-at-Injury Program (EAIP) Effective 07-01-2005 per OAR 436-105

What is it?

The Employer-at-Injury Program was created to encourage employers to help their injured workers return to work before their claims are closed. The program offers financial incentives to employers with the opportunity to modify and create productive work for injured workers while the claim is open. The program is funded by the Workers’ Benefit Fund assessment and is part of the Workers’ Benefit Fund. Using the program does not affect premium or claim costs. It is voluntarily activated by the employer. The insurer responsible for the claim administers the program, reimburses the employer, and then requests reimbursement for program costs from the Department of Consumer and Business Services (DCBS).

Types of assistance

Wage Subsidy— Employers may be reimbursed 50 percent of a worker’s gross wages while on transitional duty for a maximum reimbursement of 66 work days within a 24-consecutive- month period. Reimbursement is based on the wages paid to the worker. The request must be at least $200 in gross wages to be eligible for reimbursement, and only one wage subsidy is allowed per claim opening. All requests must be completed on SAIF’s wage subsidy request form (F3312), which can be found at www.saif.com forms library or by calling 800.285.8525 ext. 3652.

The following types of wages are normally reimbursable:

Regular Sick leave Overtime Commissions Holiday Piecework Vacation

(not cash-outs) Bonuses (only as part of a

written contract)

Tips as part of taxed earnings

The following types of wages are not normally reimbursable:

Discretionary bonuses Paid leave cash-outs Tips (untaxed) Wages/pay not clearly

explained Untaxed expense

reimbursement (i.e.: Meals, lodging or per diem)

The first or last day of the wage subsidy if it is paid leave or an appointment time not provided.

Benefit programs/packages



Wage subsidy requests must be submitted with the following documentation:

Payroll Records:

Proof of the total gross wages paid (i.e.: copy of pay stub or pay register)

Proof of daily hours worked (i.e.: time cards* or calendar records)

Identify rate of pay for all wages paid (i.e.: overtime, paid leave, shift change, etc).

* Time cards must be provided if worker has an hour restriction. If time cards are not provided for periods without an hour restriction, the gross wages will be divided by the number of days in the payroll period and an average calculation will be done. Note: This could decrease the amount reimbursed.

Medical Releases:

Any work releases that were provided to you regarding the accepted condition.

Work-Site Modification – $2,500 maximum

A work-site modification alters a work site by renting, purchasing, modifying or supplementing equipment, or changing the work process, so a worker can return to work within the specific written restrictions given by the medical provider. The form of modification will be determined based on the worker’s inability to perform the job due to the restrictions.

Example: The worker must help lift patients; the restriction is no lifting over 20 lbs. The employer can overcome this obstacle by purchasing a patient lift.

Return-To-Work Purchases

The purchases shall be the minimum purchases required for the worker to return to the transitional work. Purchases can be for the creation of a worksite and/or position that is within the employer’s course and scope of trade or profession, or for skills building requirements.

Tools and equipment — $1,000 maximum These are reimbursable when the item is mandatory for the worker to do the job, and it does not have to be specific to the worker’s restrictions. However, the worker must be able to use the item and stay within the restrictions.

Example: The employer created transitional work in the office entering data. The employer does not have a computer available. Purchasing a computer is needed for the worker to do the job.



Tuition, books and fees, and materials — $1,000 maximum These are reimbursable when a class or course of instruction is needed to enhance an existing skill or develop a new skill when skills building is used as transitional work or when required to meet the requirements of the job. Instruction must be provided by an entity accredited or licensed by an appropriate body, or be an accredited online or accredited self-study course. When skills building is the transitional work, the worker must agree in writing to take the class or course of instruction.

Example: The worker that needed the computer also needed training on the computer. The employer wants to send the worker to a two-day class for training on the program.

Clothing — $400 maximum Clothing is reimbursable when it is required for the job. Clothing the employer normally provides and/or the worker already possesses is not reimbursable.

Example: The worker normally works in construction and the transitional work is in the office and requires business clothing. The worker doesn’t own business clothes.

Other Things You Should Know:

Modifications must be provided for and used by the worker during the Employer-at-Injury Program.

Worker’s restrictions must be known on or prior to the date the work-site modifications are initiated.

Purchases do not include items the worker possesses or duplicate work-site modification items.

All return-to-work purchases and work-site modification items become the employer’s property upon the end of the Employer-at-Injury Program, except for modification items unique to the worker, such as clothing or a custom-designed tool to adapt the worker’s prosthesis to a job-related task. Such items become the worker’s property.

The division has the discretion to deny any reimbursement of the Employer-at-Injury Program assistance it determines is not reasonable, practical, or feasible, or considers an abuse of the program.

SAIF Corporation will reimburse employers for eligible requests prior to SAIF receiving reimbursement from DCBS and/or SAIF Corporation can accept billing from the vendor to pay them directly.

Contact your SAIF Return-to-Work Consultant prior to making a work-site modification or return-to-work purchase to ensure correct processing and to facilitate necessary documentation.



Eligibility Requirements

The employer:

Has and maintains Oregon workers’ compensation insurance coverage during and through the Employer-at-Injury Program.

Is the employer-at-injury as defined in OAR 436-105-0005 (Employer-at-Injury means the organization in whose employ the worker sustained the injury or occupational disease, or made the claim for aggravation).

Is re-employing an eligible worker while the worker’s claim is still open.

The worker:

Has an accepted Oregon compensable injury or occupational disease.

EAIP Begins

EAIP begins when specific work restrictions are known, and all of the above eligibility requirements have been met.

There are two types of medical releases that qualify under these rules:

A. A medical release that states the worker’s specific restrictions; or

B. A statement by the medical service provider that indicates the worker is not released to regular employment accompanied by an approval of a job description, which includes the job duties and physical demands required for the transitional work. Note: For this type of work release to start the program the doctor would have to have signed the job description on or after June 8, 2003.

Medical releases for “light work,” “light duty,” or “modified work” without other specific restrictions, are not considered acceptable cited restrictions to start the EAIP. An employer or insurer may get clarification about a medical release from the medical service provider who issued the release anytime prior to submitting the reimbursement request.

“Transitional work must be within the employers course and scope of trade and profession,” unless the work is skills building. For questions regarding this requirement please contact your SAIF Return-to-Work Consultant.

EAIP Ends

The insurer must end the program when the first of the following occurs:

The worker’s claim is closed.

The worker or employer no longer meets the eligibility requirements.

The Employer-at-Injury Program reimbursement is requested (submission of wage subsidy form).

Sanctions under OAR 436-105-0560 preclude eligibility.

Note: The insurer may end the Program at any time while the worker’s claim is open.



Other Things You Should Know

A medical release must cover the period wages that are to be reimbursed.

If a medical provider gives restrictions for a specific period of time (or the worker misses a follow-up appointment), the worker must get a continued work release within 14 days from the date the restrictions end (or from the date of the missed appointment) or the work release expires.

A medical release with no specific end date or follow up appointment expires in 30 days. If the worker does not get a continued work release within the 30 days, the work release expires.

Doctors cannot backdate work releases to cover lapse in authorization of work releases.

All requests for reimbursement must be submitted to SAIF Corporation within one year from the end date of the program. SAIF Corporation encourages you to submit your request as soon as you can identify a program end date to assure timely submission.

SAIF Corporation developed this information as a quick reference guide on how to access benefits from the Employer-at-Injury Program. For actual rule quotes, refer to OAR 436-105. Please contact your SAIF Return-to-Work Consultant with any questions at 800.285.8525.

How to apply:

To access the EAIP program, contact your return-to-work consultant, as employers apply for assistance to these programs through SAIF Corporation. Because of our strong belief in the return-to-work concept we would be happy to assist you in developing a tracking/submission plan. We will also help guide you through the eligibility requirements and accurately complete the necessary documents to qualify (Samples of the required forms for the Employer-At-Injury Program are included in this section or can be found at SAIF’s website www.saif.com, and clicking on Find a form.) Once a claim has been found eligible, SAIF reimburses the employer for expenses incurred and the Department of Consumer and Business Services reimburses SAIF.



Preferred Worker Program This program was created to encourage the reemployment of qualified Oregon workers who have permanent disabilities from on-the-job injuries and who are not able to return to their regular work because of those injuries. It may be used both with the employer-at-injury or with a new employer. Program incentives to employers include:

Premium Exemption An employer does not pay workers’ compensation insurance premiums or premium assessments on a preferred worker for up to three years from the date the worker starts work. Request for premium exemption must be reviewed and approved by the Department of Consumer and Business Services (DCBS).

Claim Cost Reimbursement If a preferred worker has a new injury during the

premium exemption period, DCBS will reimburse claim costs to the insurer, and the claim will not increase the employer’s workers’ compensation rates.

Wage Subsidy DCBS will reimburse an employer 50 percent of a Preferred Worker’s first six months’ wages.

Obtained Employment Purchases DCBS may reimburse the employer for the cost of

items purchased to help the worker obtain a job or to continue employment. Examples of these expenses are: tuition and books, tools and equipment, clothing required for the job, moving expenses, and rental allowance.

Work-Site Modification DCBS may reimburse the employer for tools,

equipment, and work-site redesign needed to help the worker to overcome injury-caused limitations and do the job.

Only WCD can determine eligibility for the Preferred Worker Program and its benefits. Call (toll free in Oregon) 800.445.3948 between 8 a.m. and 5 p.m. to have questions answered and learn more about the program benefits.

return to work - saif your job offer letter ... the worker should obtain a release to return-to-work...

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