Complying with Work Restrictions from a Physician
How do you handle an employee returning to work after an injury?
Are there certain laws you must follow?
How do I know my state’s regulations?
One of the most critical times in a workers’ compensation case is when the employee returns to work. After an injury, illness or surgery, a worker may need an adjusted workspace to accommodate for their recovery. You’ll also want them to be working comfortably so that they don’t reinjure themselves.
Some laws when employees return to work may come from your state. Since our company is located in North Carolina, I’ll be focusing on the North Carolina Industrial Commission (NCIC). However, you can check with your state regulator for your local laws. McClure Ergonomics is also happy to help you navigate your state and local laws and regulations.
NCIC Changes Return-to-Work Regulations Starting January 1, 2021
According to the NCIC, new employer statutes regarding employees returning to work state that the employer must have a functional job description in place before an employee returns to work. This applies to either permanent or temporary work restrictions, or permanent partial disability, and is provided by their physician.
You will need a functional job descriptions for “any job description known to exist” if an employee returns to work for the same employer in either the same or a different position. However, job descriptions are not needed if the employee returns to work for a different employer. Therefore, it’s important to create a job description any time an employee/claimant returns to work, whether in their pre-injury job or a new position.
In addition, according to NCIC Code 11 NCAC 23A.0501(b), the permanent disability agreement will not be approved if the employee/claimant returns to work with the employer with permanent work restrictions, unless a job description is also provided as part of the filing.
How McClure Ergonomics Helps You Navigate Return-to-Work Regulations
McClure Ergonomics helps employers throughout the U.S. and Canada to administer an objective and valid Work Task Analysis in order to determine and meet all return-to-work requirements.
Your Work Task Analysis will be administered on site to create job descriptions that identify all essential and physical functions of the job(s) to be performed.
Through my proven 5-Step Process, I can help your employees to be safe at work while running at full production capacity. The McClure Process focuses on the following objectives:
- Low-cost, high-impact ergonomic solutions
- Drive company progress
- Assist your business in reaching its goals
- Optimize the comfort, access & productivity of each employee
Benefits of the McClure Ergonomics Work Task Analysis
At McClure Ergonomics Consulting, our objective is to optimize the comfort, access, and productivity of each employee and staff member in order to elevate the highest outcome for your business.
Once we complete an objective Work Task Analysis, you can be assured that you are meeting all state regulations for the necessary job function(s) on your premises.
Not sure about the laws when employees return to work?
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Work-Task Analysis and Ergonomics for Employers.
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