Workshop Programs

By Donna Motley, Vice President of Claims

Studies have indicated that the longer a person is off work due to a work related injury, the less likely they are to return to productive employment. Once (physical) restrictions are imposed by the treating physician, an employer has the decision to make whether or not they will let the injured worker return to work with those limitations. For the office worker that is given the restriction of “sit down work only” or the machine operator that is restricted to “no lifting over 50 pounds” and his regular job does not require any lifting or only lifting up to 10 pounds, the decision to return the employee to work is not that difficult. As indicated, a return to work policy is beneficial for the employee as they remain productive members of society, and the employer, as it does not impede work flow and will aid in limiting their Workers’ Compensation exposure. Bringing an employee back to work with restrictions also sends a message to all employees that being injured at work will not result in a paid vacation!

But what to do when an employer is not able to accommodate restrictions that have been imposed? It is not uncommon in the manufacturing industry; “light duty” work is just not always available. Some employers that have accommodated those with work restrictions have indicated that it created unrest with other employees who felt “special” consideration was given when it was not deserved. In attempting to keep injured workers motivated and understand that true restricted work is not available, and where it looks like the recovery period may be extensive, we do have access to what is known as transitional work. We can enroll the injured worker in volunteer program, such as Goodwill Services, or place them in a vocational workshop.

Workshop programs generally deal with individuals with mental impairments, traumatic brain injuries or spinal cord injuries. One workshop we have been utilizing has been operating for over 35 years catering to those with traumatic brain and severe spinal cord injuries. However, in recent years, manufacturers have been sending them work, generally “piece work” which has resulted in the facility to look toward the Workers’ Compensation sector to help fill their needs. In that regard, they are accredited with the State of Michigan – Workers’ Compensation Division and understand the W/C laws. They will accommodate any restriction. If the injured worker needs to take a break and lay down, they even have a cot. Sit/stand restriction – no problem.

Why have we not utilized this process? We have, with good results. The injured worker attends the workshop closest to their home. Facilities are in Wayne County, Oakland/ Macomb County and Mid- Michigan. The workshop pays an hourly rate of pay and W/C pays the difference up to the injured workers’ established weekly rate of compensation. However, Workers’ Compensation also has to pay a weekly fee to the workshop, so it is not an inexpensive venture. That is why it is only utilized on an interim basis and the injured workers are not there long term. The workshops have licensed therapists on site to aid in assisting the injured worker if necessary.

We have one insured employer that utilizes this program for employees on Short Term Disability. The program is also useful for us, when an employer puts the injured worker on FMLA and those benefits have been exhausted – hence the employee is terminated. Under Michigan Workers’ Compensation Rules, the injured worker is then responsible to look for work within their education, qualifications and training, and we can demand that they do same or stop their wage loss benefits. If an injured worker is enrolled in the workshop program and fails to attend, we are then allowed to stop their wage loss benefits as well.