Frequently Asked Questions (FAQs)

Claims	Fraud	Assessments
Experience Rates	Payroll	Return To Work
General	Loss Control	Educational Services
ET/Reciprocity	All States Insurance	Loss Prevention
Underwriting	Legal

If you have a question or concern regarding WSI programs or services you may find the answer under a link in this FAQ section. If you haven’t found an answer or are an existing policyholder with questions about your account, feel free to contact our Employer Services Department via email at wsiemployerservices@nd.gov

Return To Work

An employer expressed a request for assistance with return to work restrictions. The example given was ways to enforce compliance by the employee to do the restrictions, even if they feel they need more time off or can't work that many hours.

Successful implementation of the transitional work program will require good communication and a clear understanding by every one of work options, and each person's responsibilities.

Making a Bona Fide Offer of Employment Once abilities or restrictions have been outlined and approved for your injured employee by their treating physician, you are ready to make an offer of bona fide employment within those abilities or restrictions. The recommendation is that you make the offer in writing so the job and expectation are clearly outlined.

Your offer should include:

Job title
Wage
Start date
Outline the work hours
Where the employee will be working
How long the job offer will be open and how long the job will last
Describe the job duties
Describe the physical requirements of the job
Include a statement that the employee is responsible for following the restrictions both on and off the job.
Stress that transitional duty is temporary and may change with each provider evaluation. (As the injured employee improves and regains pre-injury capabilities, the transitional work should be modified to reflect greater abilities. This promotes work hardening and physical reconditioning).
Give the injured employee a date you are requesting a response and whether or not they intend to accept the position.
If necessary, inform injured employees that failure to accept a modified work position that is approved by a medical provider may result in termination of wage loss benefits.

On or before the injured employee's first date back at work; physically go over the job with the employee. If the employee identifies any areas they feel they have concerns with their ability to perform the job, provide a copy of the abilities or restrictions as outlined by the treating physician and explain why this task would be within their abilities.

If the worker continues to have concerns, a job analysis by a physical therapist may be appropriate to assess whether or not the position and/or hours are within the abilities of the injured worker. You may also ask the worker to document what task(s) they are having trouble with and have the physical therapist address whether or not there is a better way of performing the task(s).

Stress to the employee they are to do only work that is within their abilities.

Reference our Transitional Job Offer Form (C165).

The question was asked if WSI would help pay the salary if an employer can identify a person on staff to coordinate the return to work (rtw) functions.

WSI does not cost share in this effort but will work with the rtw staff person on any issues that may arise.

The question was asked on how long an employer can utilize the Preferred Worker Program per claim?

This program is designed to run over a (3) year period.

Can an injured worker return to their same employer after going through vocational rehab? Sometimes they are retrained and able to do something else for that same employer. Is that allowed?

Absolutely, also if the employer during the vocational process has a position they feel the worker would be eligible if they had further training, we could investigate to see what it would take to get the employee to that level.