Completing a First Report of Injury form does not mean that the employer accepts liability for the injury. The insurance company will pay on the claim only after it has been investigated and determined that it is most likely compensable. RETURNING AN EMPLOYEE TO WORK Employers are strongly encouraged to bring their injured workers back to work as soon as they can. In cases of serious injuries, this might mean reasonably accommodating employees as they improve or modifying jobs they had before they were injured. Employers are encouraged to establish disability management programs to plan for these cases. The employer’s workers’ compensation insurer can assist in establishing such a program. If the employee requests it or if the employee remains (or is expected to remain) off work more than 90 days and a valid request for waiver of rehabilitation services is not filed by the employer/ insurer, the employee is entitled to receive a vocational rehabilitation consultation to determine whether the employee is qualified to receive vocational services. A rehabilitation consultation is provided at the request of the employer, the insurer, the employee, or the Minnesota Department of Labor and Industry and must be conducted by a qualified rehabilitation consultant registered with the Department. It is important to coordinate these return-to-work programs with the employee’s union, if there is one, to see that a return-to-work program does not conflict with seniority provisions in union contracts. For employers of more than fifteen full-time employees, Minnesota law provides a civil penalty for an employer’s refusal without reasonable cause to offer continued employment to an employee when continued employment is available within the employee’s physical limitations. That penalty is one year’s wages for the employee, up to $15,000. MAKING A SUITABLE JOB OFFER A suitable job offer is the offer of a job that is within the injured employee‘s medical restrictions and that returns the employee as close as possible to the economic status he or she enjoyed before the injury. Economic status includes not only wages, but also opportunities for promotion and advancement. Employee fringe benefits also may be considered in determining economic status. For example, if the employee had a minor injury, the only appropriate suitable job would be his or her old job or one similar to it. Any job, even a job with another employer, can qualify as a suitable job if it meets the tests of medical appropriateness and economic status, and takes into account the employee’s former employment age, education, previous work history, interests and skills. DISPUTE RESOLUTION The majority of workers’ compensation claims are administered without disputes arising. The Minnesota Department of Labor and Industry “must make efforts to settle problems of employees and employers by contacting third parties, including attorneys, insurers, and health care providers, on behalf of employers and employees and using the department’s persuasion to settle issues quickly and cooperatively.” (Minn. Stat. § 176.261).
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