12-10-2020; WC News You May Have Missed; When Do IL Carriers/Employers Have to Hire VocRehabbers and more

Synopsis: Three Newsworthy Items for Our WC Readers.

Editor’s comment: I feel the nutty national media is missing a couple of things that WC risk managers, claims handlers and other interest parties should be aware of.

First—The Great Pandemic of 2020 Is Ending Soon!!!

Understanding how much we all like walking into a restaurant or retail outlet to then have to go back and get our masks, I want all my readers to understand, this ongoing financial, social and medical disaster has been solved!!! The doctors, researchers and vaccinologists found the cure. What you and I and everyone on this planet has to do is convince everyone to get the two shots needed to become almost certainly immune. Right now both Pfizer and Moderna have confirmed their vaccines are safe and work 19 out of 20 times. That is awesome when you consider this plague first hit about nine-ten months ago. The vaccine is being sent to a needle near you. I am signing up the minute I can get it.

This means we all need to get the shots and encourage friends and family members and co-workers they have to get the shots too. If you get the shot—duh—you are almost certainly immune, which means you can’t get sick and you can’t make anyone else sick. As I wrote a couple of weeks ago, the fussy Feds aren’t going to allow you to “force” folks to get the shots and you are going to be hard-pressed to fire/terminate a worker that doesn’t want the two injections needed but please, EVERYONE, please start trying a positive and forthright approach to let everyone know there is a cure and we all want to go back to restaurants, bars and work sites to have COVID-19 disappear forever. The faster we start getting vaccinated, the faster this bug is going to stop attacking our family, friends and co-workers.

Second—Joe Biden is Going To Be Our Next President.

Nuff said. Please get over it and start to deal with it. Please fight the urge to write and tell me the second-place finisher got “robbed”—I have heard it and don’t believe it. Almost every State has certified its votes. In fact, the election wasn’t actually close. For Illinoisans, we are now facing a Democrat President, Governor, Senate and House. We will see what that means to IL workers’ comp and other benefit costs.

Third—Probably the Biggest Change That is Inexorable in WC is Driverless Cars/Trucks/Buses.

About one in five jobs in this country are folks in the transportation industry. There are driverless cars and trucks that have gone literally millions of miles without an accident or fender-bender. Chevrolet has five cars in San Francisco, one of the toughest cities in the U.S. to drive in because of their hills and dales and the driverless cars are much, much safer than humans.

What I tell all my trucking clients and friends in that industry, if you don’t have “humans,” you don’t need human resources. We will see how this plays out but trust me, WC in the trucking and transportation industry is certain to change due to automation. Forewarned is forearmed—if you are in the transportation industry, expect lots of change.

I appreciate your thoughts and comments. Please, please don’t shoot the messenger. Feel free to post your comments on our award-winning blog.

Synopsis: When Do Illinois Insurance Carriers/Employers Have to Hire Voc Rehab for IL WC Claims?

Editor’s comment: Following up on the article from last week, remember we are dealing with a sample claim where the employer terminated the injured worker in the normal course of business and the worker has job restrictions from either an FCE or an medical caregiver. The problem is how to get such folks back into a workplace—any Illinois workplace.

One of our partners confirmed many Claimant attorneys, when asked about job search logs or documentation of efforts to find work make a common demand—provide voc rehab/counseling. I have both good thoughts and challenging thoughts about such a request.

Good Thoughts?

A request for voc rehab/counseling does mean you are going to have some level of cooperation and participation from the injured worker. It also means you are going to have a paper trail of job search efforts while you are paying TTD. 

There is an often-ignored Rule 7110.10 in the Rules Governing Practice Before the Workers’ Compensation Commission ostensibly requiring voc rehab when the injured worker is continuously off work for 120 days. If you want the body of that Rule, send a reply. The Rule lays out what voc counseling is supposed to be. The concern about the Rule is there is no penalty on either side for ignoring it. Please note very few Claimant attorneys will even consider it.

Challenging Thoughts about Voc Rehab

My main challenging thought about voc rehab/counseling in general is you are treating an adult worker as if they are a child. It is hard for me to believe an adult needs “help” to find work. Someone who is starving or facing bankruptcy is going to locate work to survive. Survival is one reason we put up with difficult and demanding jobs—that is why they are called “jobs.” As teen-agers, we were all taught by our parents, family members and friends that when you want/need a job, you refer to the Want Ads in the newspaper or on online job websites and start applying for work until you find something suitable. The idea of having to hire someone to tell a worker to look at the Want Ads or get-job websites is silly to me.

Along with treating the injured worker like a child, I also feel voc rehab/counseling is expensive, time-consuming and truly unpredictable. The certified vocational counselor or CRC has to schedule the initial meeting, usually at Claimant counsel’s office. A CRC has to find out the skills and training of the injured worker. The CRC has to determine if the worker is going to be motivated to seek jobs in the labor market around the injured worker’s home. 

Another challenging concern about initiating voc rehab is there are some CRC’s who won’t stop themselves to tell you the Claimant isn’t doing what is needed to locate work and your money and their services are being wasted. I don’t feel voc rehab should ever be provided for more than 90 days. I have had CRC’s criticize me for saying this but let’s be frank, if the injured worker isn’t listening and doing what is needed to locate work, no CRC on the planet can make that horse drink water and find a job. If the injured worker doesn’t have a job within 30-60 or at very most 90 days, shut down voc and get a report from the CRC as to why Claimant is failing Voc Rehab 101. 

Staffing Companies Are “VocRehab” and Need to Be Considered In Getting Injured Workers Back to Work

Please note there are lots of staffing companies across the U.S. These companies have lots of jobs and need warm, capable bodies to fill them. My vote for all your claims when Claimants balk at seeking work, tell them to be sure to sign up with/file applications with as many staffing companies as they can locate. The staffing companies are smart and sharp and will bring in motivated folks to fill positions that match what a claimant is able to do.

Last But Not Least—Do the VocRehab for Claimant

Right now, as you read this, there are lots of “get-jobs” websites. Indeed, Monster and GlassDoor are the top three get-jobs websites but there are lots and lots more. Trust me, they have lots and lots of jobs for Spanish-speaking workers and folks with restrictions of all sorts. Your injured workers can list with them and they will get emails and updates galore.

When I am asked to get voc rehab for an injured worker, I quickly search online and find 50 suitable positions and send them to opposing counsel. You can do this on your non-litigated claims too.

I appreciate your thoughts and comments. Feel free to post your comments on our award-winning blog.