By Donna Motley, Vice President of Claims

Established in 1912, the Michigan Workers’ Disability Compensation Act provided the workers give up the right to sue their employer in Civil Court. In return, Workers’ Compensation is essentially a “no fault” system. If an employee is injured in the course of employment – regardless of who was at fault – unless it was an “intentional” act – the worker is compensated certain wage loss benefits and the cost of medical treatment and rehabilitation. Workers’ Compensation does not pay for “pain and suffering”.

The Workers’ Compensation Act, at 110 years old, has had multiple changes and amendments over the years. However, the ultimate goal remains the same – for the injured worker to return to their former job or another one with the same employer. A return to work is dictated by a medical professional. An injured worker cannot return to work following a work injury until a doctor provides the “O.K.”.

During the course of recovery, certain restrictions may be placed on the return to work. If the employer cannot accommodate the restrictions as outlined by the treating physician, the injured worker will receive or continue to receive wage loss benefits. BUT, if the employer can accommodate the restrictions as outlined by the treating physician, the injured worker is required to return to work; if they do not return to work, for whatever reason, they are no longer entitled to wage loss benefits. Additionally, if the injured worker does not return to work when offered a job within their restrictions, the employer should follow their company policies the same as if a workers’ compensation injury was not involved. Said policy can be disciplinary action, termination for 3 day no show/no call, etc.

It is understandable that in some instances an employer may not be able to accommodate an injured worker’s restrictions, depending on the nature of the employer’s business and the nature of the injured worker’s injury. This is where MTMIC can step in!

We utilize programs that involve “transitional work” that will accommodate the injured worker’s restrictions. We enroll the injured worker in one of several available transitional work programs. The program may entail the injured worker having to report to a facility as they would their own employer, Monday through Friday, 9:00 to 3:00. This could be with an operating business or it could be with a sheltered workshop. One of the programs will accommodate ANY restriction – they even provide a cot if the injured worker has to lay down. The injured worker would be paid a minimum wage for services and Workers’ Compensation would make up the difference to equal the injured worker’s weekly Workers’ Compensation wage loss benefit. If the injured worker refuses the work, leaves early, does not show up (for any reason), their weekly wage loss benefit is deducted those hourly wages.

Another program utilized is having the injured worker volunteer their time at a charity such as Good Will, Salvation Army, etc. Again, the injured worker’s duties would be within their treating physician’s prescribed restrictions. When working at a charity, wages are not paid, but the injured worker will receive their full Workers’ Compensation weekly wage loss benefit. If the injured worker refuses to cooperate, future wage loss benefits are denied. We would still pay for medical treatment.

A more recent transitional work program we have utilized is one where the injured worker doesn’t even have to leave their home. Light duty work is mailed to their home. They don’t have to get dressed, leave home, spend money on gasoline for their vehicle or even worry about reliable transportation. They can work at their own pace, taking breaks when they feel the need. Basically, they “self-monitor” what they can or cannot do. In return, they will continue to receive their weekly Workers’ Compensation wage loss benefit.

Generally, injured workers do not like having to participate in these programs. They would rather return to their regular job. But the transitional work program does serve a purpose for injured workers that have been off work for an “extended” period of time. The injured worker will be able to “ease back” into a work routine. Depending on the duties/functions performed at their “pre-injury” employment, it makes for a much easier return to work. If an injured worker has been off work for 6 to 8 months, it can be very difficult to return to employment that involves a 10 hour day standing on their feet, having to do heavy lifting or repetitive functions. Following an injury, muscle mass declines, on average, 0.5% per day. If the work injury was relatively minor but the employer simply has no light duty work available, there is no reason the injured worker cannot provide services elsewhere – they are not “totally disabled”.