Narco Non Victims

Eleven Reasons an Employer Must Have a Medical Policy

Prior to implementing any workers’ compensation policy or program, make sure your corporate legal counsel does a review because terms may need to be varied or policies and programs brought into alignment to comply with different state and federal laws covering workers’ compensation.

A clearly defined and properly implemented medical policy is part of a comprehensive program to monitor and control workers’ compensation claims and costs. Like all policies, the terms may need to be varied to comply with different state and federal laws. Make sure to have your corporate legal counsel review any policy before implementing it.

1.      Pre-Employment Medical Exam: As a condition of employment, applicants may be required to pass a mental and physical examination. This exam may include drug and/or alcohol screening. It is administered by a physician designated by the company.

2.      Transfer/Promotion Medical Exams: Employees may be required to have a physical examination on other occasions, such as a transfer or promotion, or whenever management determines the interests of the company or the employee is served by having an exam.

3.      Confidentiality: Medical examinations paid for by the company are the property of the company and any record are available to the employee, the employee’s agent, public agencies and the employee’s doctor, only if required by law.

4.       Confirmation of Injury/Illness: When an employee is absent due to illness or injury, the company may take whatever steps are reasonably necessary to confirm the nature and extent of such illness or injury. In the case of work-related illnesses or injuries, the company may investigate the circumstances and otherwise verify whether the illness or injury was work-related. Giving false information to obtain workers’ compensation results in dismissal.

5.      Payment for Medical Examinations: When the company requires an employee to be examined by a physician, the examination is at the expense of the company and performed by a physician selected by the company.

6.      Reporting On-The-Job Injuries: Employees who become ill on the job or suffer any work-related injury, no matter how minor, and any other employees who observes such illness or injury must immediately report the incident to the employee’s supervisor, who shall report it to the plant manager and the safety officer. Employees must notify their supervisor before leaving their workstation for medical reasons.

7.      Transportation to a Medical Facility: The company arranges transportation of the injured employee to the company physician, if it appears necessary. In the event an employee is seriously injured, his/her immediate supervisor, the safety officer or any other member of management has the authority to have the injured employee transferred to an outside medical facility for treatment.

8.      Employee Responsibilities: When a work-related injury takes place, the employee must:

·         Complete the required workers’ compensation and department reports in a timely manner.

·         Be available for medical appointments during normal working hours.

·         Keep appointments with medical providers.

·         Return to work as soon as he is certified to do so by the company physician.

9.      Return To Work: An employee who fails to return to work at the end of an approved medical absence may be disciplined up to and including dismissal from employment.

10. Return-to-Work Certification: Employees returning from a medical absence leave may be required to provide certification from a physician designated by the company who will certify their ability to perform regular work safely and satisfactorily without endangering themselves or their fellow employees.

11.                 Transitional Duty (Modified Duty): The company may offer employees injured at work job-modified duty on an interim basis. In the event the company elects to offer the employee modified duty and the company physician releases the employee to return to work in the modified position, the employee must report for work at the time specified. Any employee who refuses to return to modified duty is subject to discipline up to and including dismissal for violating company policy.  

            When rolling out a new workers’ comp cost containment program, have employees read and sign an Acknowledgement Form that they have read the policy. Keep the signed form in their personnel file. The policy should be given to all new hires also.

For more information and tools, see www.reduceyourworkerscomp.com/lower-reduce-workers-comp-costs.php. There are several free forms and tools on the site.

Robert Elliott is a senior vice president with Amaxx Risks Solutions, Inc. Over the past 20 years, he has worked successfully with many industries reducing Workers’ Compensation costs, such as airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and many other industries and organizations. Contact him at Robert_Elliott@ReduceYourWorkersComp.com

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