Gain Union Support for Workers Comp Return to Work Programs
Employers with unions face very different and unique challenges not faced by non-union companies. There are many ways to gain cooperation with the union for new programs such as return to work and transitional duty. If you feel that your workers' comp costs are predetermined due to union involvement, consider these simple steps to change that paradigm.
Employers can do many things to ease the workers' comp burden presented by excessive union procedures. Determine what management rights you may already have to implement a return-to-work program and negotiate counterproductive clauses out of the collective bargaining agreement. Consider buying out in negotiations particularly onerous clauses, such as minimum manning provisions, limitations on temporary transfer of employees and prohibition on work out of classification.
Obtain top management commitment to the program. Educate in-house counsel about workers' compensation cost containment and work with counsel to communicate the program to the unions, employees and supervisors by sitting down and talking with them. Approach the most receptive unions first. Use them as a selling point before approaching more challenging unions.
Eliminate collateral source payments, such as long-term disability, short-term disability and use of vacation and sick time, effectively allowing employees to earn more when they don't work than when they do.
Show the employees and union how much workers' compensation costs the company with sound information. When discussing costs, find out how much it costs to replace the money your company pays for workers' comp by using the work comp calculator at www.ReduceYourWorkersComp.com/calculator.php Use a comparison showing how much sales volume is required to pay for injuries. Relate the costs to the financial stability of the company and relate the costs to the impact on profit sharing plans.
Get signed waivers to avoid future claims, such as American with Disability (ADA) claims. Request "withdrawal cards" before lump sum settlements are authorized. Share savings with employees who participate in the company's return-to-work program. Add this to bonuses, not to wages, so it does not become an ongoing obligation. Consider employer legal responsibilities under ADA and remind the union of their own obligations to support these legal requirements. Finally, have a company representative attend all hearings to describe the job requirements and offer details as needed.
About Workers Compensation Tool Kit
The Workers Comp Kit is brought to you by Advisen's partnership with Becki Shafer and Amaxx Risk Solutions, Inc. These products help companies reduce workers' compensation costs by assessing key cost drivers, developing benchmark comparisons, and designing strategies to reduce workers' comp costs. Visit http://corner.advisen.com/wc or call +1.212.897.4800 for more details.
