Bringing someone back to work after a workplace injury according to their restrictions is the most important thing you can do to help control claim costs. We refer to the process as Return to Work (RTW).
Sometimes, workers return to work informally after minor incidents like a laceration or strained muscle. However, more severe restrictions may require a formal job offer. This article discusses both formal and informal RTW processes and the benefit of formalizing job offers for both employers and employees.
From a high level, the difference between formal and informal job offers lies primarily in their structure, documentation, and legal implications. An informal job offer is typically verbal or loosely structured and lacks formal documentation, while a formal job offer is a written document that outlines the terms of employment including the job title and duties, work schedule, location, supervisor details, wage, and benefits.
Essentially, informal return to work would be like a “handshake deal.” This type of RTW reduces the amount of time an employee is not working, allowing the flexibility needed to concurrently prepare a formal offer in the background. The downside of informal RTW is if there are changes in the employment status of your worker or if there is a disagreement, you as an employer are not protected.
Formal offers protect both the employer and the worker, leaving less to perception and chance and ensuring a mutual understanding of expectations between the worker and the employer. This type of offer allows workers to advocate for themselves and not perform tasks that would be outside of their restrictions. It also protects the employer by documenting that the worker is not expected to perform tasks outside of their restrictions.
Keep in mind, once the formal offer is accepted by the worker, they are held to the same standards as any other employee. We recommend that you review the employee handbook when they return to work and obtain an updated signature. This way it is clearly documented that they not only understand the expectations outlined in the offer letter but also the expectations that you have of them as an employee. The following scenario reinforces the importance of these actions.
Sally was offered a reasonably continuous job after a workplace injury. Upon returning to work, the employer and worker went over the employee handbook which noted that drug use was a fireable offense. Three months into performing the reasonably continuous job, Sally was not compliant with the drug-use policy. Sally was then terminated for cause. Because the job offer was formalized and signed, and the expectations were clearly documented, L&I did not restart time loss payments upon termination.
You are not alone when bringing your employee back to work. Your ERNwest team is here to help every step of the way. If you have any questions, please reach out to your claims manager.