Return to Work Challenges in Workers’ Comp: Employer Considerations; Effective RTW Programs

Course Details
- smart_display Format
Live Online with Live Q&A
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Employment and Workers Comp
- event Date
Tuesday, July 15, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will discuss employer challenges when managing an injured employee's leave and return to work (RTW) and best practices for counsel to help clients navigate the process. The panel will discuss the importance of having an RTW program in place, key components of an RTW program, and best practices for helping employers to remain compliant throughout the employee's leave and the process of getting them back to their job.
Faculty

Mr. Devine defends self-insured employers, insurance carriers, and third-party administrators. He leverages his previous experience as a claimant-side attorney to represent his clients in the full lifecycle of compensation claims, including representation at hearings, settlement negotiations and depositions. Mr. Devine has appeared at most of the southern New York hearing locations and has developed strong relationships with the other professionals in the worker’s compensation field. Prior to joining the firm, he worked at a workers’ compensation plaintiff’s firm, where he handled the full spectrum of workers’ compensation matters.

Ms. Atkinson practices workers’ compensation litigation defense, representing insurance carriers, large self-insured businesses, and third-party administrators in all issues resulting from work-related injuries. She represents clients hailing from a variety of industries including retail, transportation, insurance, pharmaceutical, manufacturing, among others. Ms. Atkinson’s clients typically have operations that span across large regions or are spread throughout the nation. As a result, she has handled a myriad of cross-jurisdictional worker’s compensation matters affecting businesses with a wide breadth of locations. In addition, she defends clients in cases involving chemical exposure, jurisdictional questions, and employment issues. Ms. Atkinson is a published author and experienced presenter on various workers’ compensation matters.

Ms. Pidani represents insurers, self-insured entities, and third-party administrators in all stages of workers’ compensation litigation. From intitial investigations and reviews of medical records through evidentiary hearings and appeals, she emphasises client communication and collaboration. Ms. Pidani has presented lectures and training sessions for clients as well as at continuing legal education programs.
Description
Managing an employee's return to work after a workers' comp injury that requires leave is challenging for employers. Even if the employee is allowed to return to work, job modifications may be required. Therefore, it is imperative for employers' counsel to understand the common issues their clients face and how to deal with these issues, including ensuring that an effective RTW program is in place.
The RTW program should include clear guidance on returning to work in compliance with state workers' compensation laws. Therefore, counsel and clients should understand state-specific requirements and any other federal and state leave laws that may impact the program. Key components of an RTW program include policies that outline program eligibility and steps for reporting injuries, describe the roles of parties to the RTW process and their obligations, and establish a process for evaluating employee recovery and the possibility of transitional work assignments or job accommodations upon their return.
Listen as our expert panel provides a comprehensive overview of employer obligations and considerations for when employees who have suffered a workers' comp injury are ready to return to work. The panel will describe the importance of having an RTW program in place and provide key considerations for program development.
Outline
I. Introduction
II. Employer responsibilities and challenges
A. Establishing an RTW program
1. Purpose
2. Parties to the program and their obligations
3. Employee eligibility
4. Insurance and provider coordination for injury management and assessment
5. Communication with injured employee
6. Job accommodations and/or transitional work assignments
7. Documentation
8. Exit criteria
9. Employee training
B. Interaction with other leave laws: FMLA, ADA, state law
III. Practitioner takeaways
Benefits
The panel will review these and other important considerations:
- What challenges are faced by employers when an employee who sustains a workplace injury is put on leave and then is ready to return to work?
- What are the key components of a compliant and effective RTW program?
- How may other federal and state leave laws impact the development of an RTW program?
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Return to Work Challenges in Workers’ Comp: Employer Considerations; Effective RTW Programs
Wednesday, June 18, 2025
1:00 p.m. ET./10:00 a.m. PT
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