By Donna Motley, Vice President of Claims

The New Year has begun! Some people may make “New Year’s Resolutions” while some people want to start the new year with a clean slate, and consider the new year as an opportunity to “clean house”, purge and get organized!

As an employer this may be a good time to clean house, purge and get organized, not just physical cleaning but take the time to review and address your company policies and procedures. As the State of Michigan has now legalized marijuana, you might want to review your current drug policy. Do you have a policy? Does the legalization of marijuana have an impact on your current policy? Is your current policy now outdated? How can it be adjusted? What about drug screening for new hires vs. work injuries? Don’t forget, drug screening includes more than just screening for marijuana.

Maybe review your policy regarding light duty or restricted work as it relates to work injuries and non-work related conditions. Are you able to provide work if the employee is restricted to just four or six hours per day? Remember, if an employee is restricted to work only 40 hours per week following an accepted work injury, partial wage loss benefits would be due the injured worker from MTMIC. Pursuant to the Michigan Workers’ Compensation Act, an injured worker can be provided work within their restrictions at a position other than the position they were hired to do, can be given a position on a shift different from the one they normally would work and can be paid at a different rate of pay than their normal hourly rate. However, if the injured worker is returned to work at a lesser rate of pay, partial wage loss benefits would be paid by Workers’ Compensation (MTMIC).

Keep in mind, the Michigan Workers’ Compensation Act does not provide that an employer must guarantee (or hold open) the injured workers’ position once they are released to return to work.

Also to be considered, is whether or not the employer will continue paying fringe benefits while an injured worker is off work. If an employee normally pays a portion of their benefit (as an example – medical premium), the employee is required to continue paying their portion of said premium to continue the benefit. The employer and employee would have to make the payment arrangements. If an employer stops paying the employee’s fringe benefits while disabled and not working because of a work injury, then the employee is entitled to an increase in their weekly wage loss benefit based on the amount of premium the employer is no longer paying. The increase in the weekly wage loss benefit would in no way make up the full amount of premium that has been discontinued. The employee would then have to determine whether or not they are willing to pay the full premium to continue the benefit. And again, the employer and employee would have to make payment arrangements.

Workers’ Compensation does not pay the injured worker for wage loss due to time missed from work because of a doctor or physical therapy appointment. What we suggest, is that medical appointments be made around the employee’s work hours, or to see if the employer is willing to let the employee come in early, stay late, work through a lunch hour, etc. to make up the missed time. It is the employer’s discretion how to address this issue; the employee does not have to be compensated for time missed.

As you are aware, if an injured worker is disabled by the treating physician and cannot work for more than 7 days, but less than 14 days, the first 7 days are not compensable under Workers’ Compensation. Again, it is within the employer’s discretion whether or not they wish to compensate the injured worker for the first 7 days. I’ve been told in the past that some Short Term Disability policies will pick up and compensation the first 7 days.

Whatever policies and procedures the employer has established, it is most important that the employees are informed, trained and educated regarding their benefits and company policies and procedures and that these benefits, policies and procedures are universally enforced. When Workers’ Compensation claims are litigated, one of the first questions asked by a plaintiff’s attorney is: What are your company policies and procedures? They will then look within your company history for administrative inconsistencies in providing same. Inconsistencies open your company up to possible litigation for discrimination.

Let’s seize the opportunity to start fresh and new!