The News You Need for Sept. 4

The News You Need for Sept. 4

We wrap up the ethics series, check in on the violence teachers and bus drivers are facing in the new school year, and explore accommodations in return-to-work strategies.

The Ethical Imperative: Human Behavior in Workers’ Compensation Cases 

Dr. Claire C. Muselman

The Way Forward: Learning & Development in Ethical Practice, Part 10 of 10 

As we conclude this series on ethical practices in workers’ compensation, it is clear that the path to ethical excellence is continuous and dynamic. The challenges we explored, from managing unconscious bias and emotional intelligence to balancing empathy and accountability, are not one-time tasks but rather ongoing processes that require constant attention. To truly advance our field, we must continue learning, self-reflection, and growth, understanding that the ethical landscape constantly evolves. This commitment strengthens our professional integrity and ensures we provide compassionate and practical support to injured workers. By prioritizing continuing education, we can address ethical challenges that arise and continue to improve the care we provide. 

The Importance of Continuing Education 

Continuing education is essential in the workers' compensation industry to stay informed of professionals' daily ethical challenges. This training should go beyond compliance and regulations basics to explore more profound aspects of human behavior, emotional intelligence, and bias awareness. While formal training sessions provide foundational knowledge, real growth occurs when we integrate these lessons into our daily practice through continued learning and reflection. Continuing education fosters an environment where professionals are better equipped to handle complex ethical dilemmas with a higher understanding. By engaging in continued learning in these areas, we improve our ability to make ethical decisions that are both compassionate and just. 

The Role of Self-Reflection in Ethical Development 

Self-reflection is a powerful tool for ethical development, allowing us to critically examine our thoughts, behaviors, and decisions. In the fast-changing environment of workers' compensation, it is easy to get caught up in the demands of daily work and overlook the importance of taking time to reflect. However, self-reflection is essential to identify areas where we are not living up to our ethical ideals and to make necessary adjustments. By regularly reflecting on our actions, we become more aware of our emotional triggers, biases, and how they influence our decisions. This practice ensures that we constantly strive to improve and that a deep commitment to empathy, fairness, and ethical standards guides our actions. 

Foster a Culture of Accountability and Empathy 

As seen throughout this series, accountability and empathy are the cornerstones of ethical workers' compensation practices. Moving forward, we must uphold these values as individuals and as an industry that sets high standards for ethical conduct. A culture of accountability is one in which everyone takes responsibility for their actions and decisions, viewing accountability not as a punitive measure but as an opportunity for growth and improvement. On the other hand, empathy ensures that our accountability is rooted in understanding and compassion, which creates a balanced approach to ethical decision-making. These principles foster a supportive environment where all stakeholders feel valued and respected. 

The Ongoing Challenge of Raising Awareness of Bias 

Bias awareness is another essential ethical practice element requiring ongoing attention and effort. Conscious or unconscious biases can subtly influence our decisions in ways that are not immediately obvious, often leading to unintended consequences. Recognizing these biases is an ongoing challenge that requires self-awareness and a willingness to confront inconvenient truths about our assumptions and decisions. One way to maintain awareness of your biases is to regularly seek advice from your colleagues and peers, who can provide a different perspective on our decision-making processes. Engaging in an open dialogue about our decisions can help us uncover biases we may not be aware of, allowing us to make improvements before those biases negatively impact our work. 

Embrace Continuous Evolution 

As we look to the future, the workers' compensation industry must take a path of continuous growth and ethical development. This journey can be challenging and challenging. Still, it begins with a commitment to self-awareness, emotional intelligence, and bias reduction as core practices. By adopting these principles, we can navigate the complex ethical landscape with integrity and compassion, ensuring that our decisions are consistent with the highest ethical standards. It is important to remember that ethical decision-making is not just about following rules; it is about understanding the implications of our actions and striving to do what is right in every situation. It requires a mindset of continuous improvement, a willingness to learn from your mistakes, seek out new knowledge, and grow personally and professionally while striving to elevate your practice. 

The Role of Leadership in Promoting Ethical Practices 

Leadership is key in creating an environment where continued ethical development is encouraged and supported. Workers' compensation industry leaders should model the behaviors they want to see in their teams, demonstrating accountability, empathy, and a commitment to continuous learning. By setting a clear example, leaders can inspire others to follow their example, creating a culture where ethical practices are the norm rather than the exception. This lead-by-example approach encourages participation in training and education. It provides opportunities for self-reflection and open discussion of ethical challenges. When leaders prioritize these aspects, they create a workplace where ethical considerations are woven into the fabric of daily operations. 

The Impact of a Culture Rooted in Ethics 

A company culture rooted in ethics benefits both the individuals and the organization. When workers feel that their well-being is prioritized and that they are treated with fairness and respect, their levels of commitment and satisfaction increase. This positive environment leads to better results for workers and the organization, as it fosters trust and loyalty. Additionally, a strong ethical culture reduces the likelihood of conflicts and misunderstandings, as decisions are made transparently and in the interest of the collective. Ultimately, this leads to a more harmonious workplace where everyone feels empowered to contribute positively. 

The Way Forward 

As we conclude this series, I encourage you to carry forward the ideas and principles we have explored, knowing that the path to ethical excellence is continuous. The path to ethical excellence is endless, requiring constant education, self-reflection, and a deep commitment to responsibility and empathy. By fostering these values within ourselves and our organizations, we can create a workers' compensation system that truly meets the needs of everyone involved in it, now and in the future. Remember, ultimately, we are all looking for a soft place to land, arms that want to hold us, and someone willing to listen. Show compassion in every interaction because we're not so different on the inside, even if the surface tells a different story. 

Our work matters, and we ensure our impact is meaningful and lasting by committing to continuous ethical development. Stay committed to your ethical journey, and together, we can make a lasting impact on the workers' compensation industry. 

The Balance Between Return to Work and Finding Safe Accommodations

Anne Llewellyn MS, BCPA, RN, CMGT-BC, CRRN, BCPA, FCM

Case Management Focus

I hope you had a great Labor Day weekend. As we return to work this week, we are reminded of the important role Nurse Case Managers play in workers' compensation and helping injured workers return to gainful employment after an injury or illness.  

Our main goal is to assist injured workers in receiving the care they need after a workplace injury so they can return to gainful employment. Workers injured on the job benefit from medical care at no cost to meet their needs. They also are paid if they cannot go back to work. This combination can lead to overutilization and other issues that can derail the process. Nurse case managers who take the time to educate and work with the injured worker, the employer, and the adjustor and utilize the resources are successful.  

Nurse Case Managers meet the injured workers where they are. They meet face-to-face with the worker, the doctor, and all healthcare team members. This allows them to have a unique understanding of the process and all invovled. They work collaboratively with the claims adjustor and the employer.  

Nurse case managers often advocate for the injured worker to return to work, even when the worker does not feel ready. It is essential to explain the purpose and benefits of returning to work and that accommodations can be made to ensure the worker's restrictions are considered so they are safe and allow them to work in ways that will not cause a setback or re-injury   

Here are some of the ways Nurse Case Managers can do this:  

Working with the employer early on to understand the job description of the injured worker. Suppose the employer does not have a job description. In that case, nurse case managers observe other workers who do the same type of work to understand and document the expectations of the employer/worker. Sharing this with the rehab team and the physicians involved so they have a clear picture of the type of work the injured worker is expected to do upon their return allows them to evaluate the worker realistically. This picture also will enable them to determine the accommodation(s) needed to ensure a safe return to work. 

Educating the employer about the benefits of returning an injured worker to work is a critical part of the process. Many do not realize the implications of not bringing an injured worker back to work. Explaining the benefits and the repercussions lets them have a better understanding of the process. It can also help them put safety processes in place that can avoid future injuries.  

Bringing team members into the return-to-work process is a good idea so the injured worker transitions through the system as smoothly as possible. Nurse Case Managers look at all aspects of the case to ensure a safe transition to gainful employment.  

It is important to share the job description with the treating physician and specialist called in to evaluate the patient so they can realistically assess the injury and the recovery process.  

 They are sharing the job description and having them explain how recovery will progress to the injured worker and his family. Setting realistic expectations is essential. We also have them explain that recovery is possible, even when it is slow, when the injured worker is an active team member. When the injured worker commits to the process, follows the plan of care, and does their part to recover – we all win.   

The rehabilitation team treating the injured worker is an important partner in the process. They will map out a therapy plan and concentrate on areas that need work. They will make suggestions on what accommodations could be used to meet the individual needs. Most of the time, accommodation(s) are simple and doable for the employer to implement, and they help the injured worker see what is possible vs. what is not possible. It gives everyone hope. 

Working with the employer so the nurse case manager understands the mechanisms of the job is essential. By understanding the actions needed to perform the job: sitting, standing, bending, kneeling, climbing, and other motions are important to be aware of. The rehab team can work with the injured worker to overcome barriers and find new ways to do things safely.  

At times, an injured worker cannot return to the original job. In this case, a vocational counselor should be called in to work with an injured worker to find out what type of work the injured worker and the employer need to do to meet those needs. Sometimes, an injured worker may need to be retrained to do something else as their injury restricts them from returning to their original job.  

The more complex the case, the more the nurse case manager needs to work on keeping the injured worker motivated, helping them stay positive, and using the resources to help them return to work. Nurse case managers do this by asking questions, doing research, and improving communications with all involved.  

Our jobs are not easy, but it is important to look for the resources that can help us retrun an injured worker return to work. Don't give up; as when the system works, it works well!  

Please take the time to share your stories of how you helped the injured workers you work with return to gainful employment.  

Thanks for all you do!  

Bus Drivers, Teachers under Fire as School Year Starts

Liz Carey

Corsicana, TX (WorkersCompensation.com) – A Texas teacher is recovering after being injured by a student during the first weeks of school.

Police said Corsicana, Texas, educator, Collins Intermediate School Assistant Principal Candra Rogers was hospitalized after the incident but has since been discharged. Rogers was in a classroom when a 10-student “disruption” happened. The police have not disclosed why Rogers was in the classroom. She was airlifted to a Dallas-area hospital for treatment.

"She just continues to ask for your prayers for her complete healing and continue to pray for our students and our staff at Collins and, of course, the entire district," a board member at Monday night's school board meeting said.

Rena Honea, president of Alliance AFT, a Dallas-based teachers union, said various factors could trigger a student to "cause an outrage or an outburst."

Honea said incidents like this seem to happen more in smaller districts that struggle with staffing. 

"Everyone has their own opinion, but until they walked in the shoes of an educator, until they dealt with the classroom setting, they are only guessing at what's going on," Honea said.

The school district said they plan on holding a “Jeans Day” fundraiser to help the Rogers family. The district is also collecting gift cards to give to the family.

Collins Intermediate School parent Terry Garner said the school needs to protect teachers.

"We need to protect our teachers," Garner said. "They're rare and they're hard to come by. We're not protecting our teachers – we're not protecting our students and we're definitely not notifying parents."

In San Pedro, Calif., a Metro bus driver was attacked on Aug. 22.

Officials said the 35-year-old bus driver was attacked in the morning, after a string of attacks at Metro stations in Culver City and Pasadena.

"I know that a lot of the bus drivers here have a normal route and they’re familiar to us. It’s disappointing to hear another woman was hurt at her work," Dulce Moore, a Metro rider told NBC Los Angeles.

The attacker, a man in his 30s, was taken into custody nearby, officials said. Officers said the dispute started when the suspect tried to board the bus which was stopped in a layover zone. That led to a physical confrontation. The driver was “treated on site and released,” Metro said.

Metro said it was working with investigators in the incident.

“Metro is outraged to learn about this senseless act of violence against our operator and is grateful for all our operators who deal with societal issues while transporting riders across our system," the agency said in a statement.

In New Jersey, a transit driver and passenger were arrested after the two got into a fight in Newark.

Police said the bus driver and passenger were both arrested after they got into a physical altercation. Officials said the Aug. 17 fight started after the rider reportedly spit on the driver.

According to reports, the bus driver had told passengers to move to the back of the bus. When the drive confronted the passenger, he spat on the driver. Newark police reviewed a video of the fight, which shows the driver allegedly choked the passenger while continuing to punch him.

"It's a bus driver trying to help out the community, and you did wrong to a bus driver that's trying to help us out. He's doing his job and he wants to feel safe," bus passenger Zoey Clarke said.

Both men have been charged with aggravated assault. Officials said the bus driver is off the job pending an investigation.

New Jersey Transit released a statement confirming the investigation.

"We don't condone any form of assault aboard any of our vehicles or within our facilities. We can confirm that our driver was assaulted prior to the altercation. We want to take this opportunity to remind everyone that assaulting a transit employee is a serious offense and can result in a fine, jail time and/or a ban from riding the transit system,” the transit agency wrote.

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