When TAD works, the benefit to the employer is reduced costs and a reduction in insurance or self-insurance premium/contribution. Q: What are the benefits for the employer?Ī: The employer benefits from the employee’s return to work both in the actual value of the services rendered, and a reduction in Workers’ Compensation costs by the reduction in weekly benefits to the employee who has returned to work. Lastly, it is important to inform the employee in the written offer of TAD that failure to present themselves for the alternative work that has been approved by the employee’s treating physician will result in a potential reduction or termination of benefits under the New Hampshire Workers’ Compensation statute. Require the employee to present himself or herself for work on a specific date, at a specific time, and to report to a specific person. Then, provide the employee with a written offer of return to work under the transitional alternative work program approved by the employee’s treating physician. Included should be an onsite assessment of the proposed tasks by an independent ergonomist or similar expert. Next, employers should provide the treating physician with transitional alternative work tasks for review and approval. Q: What are the procedural steps that should be taken by the employer?Ī: First, obtain a release to return to work from the employee’s treating physician. If TAD is required by law the employer should advise employees that there is a written alternative work program in place and inform employees of the established procedures to obtain alternative work in the event of an on-the-job injury.
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Q: When are employers required to provide TAD to their employees?Ī: All employers with 5 or more full time employees shall provide temporary alternative work programs to bring injured employees back to work. The regulations then require the employer to develop an outline of tasks within an employee’s job description, review those tasks against the employee’s release to return to work, and prepare a proposal for return to work that can be reviewed by the employee’s treating physician. Once it is determined that an employee has a release to return to work and there is no determination that the employee is prevented from transitioning into the job that they had prior to their injury, TAD is appropriate. TAD is meant to be temporary, and a transitional phase. Q: What is TAD or Transitional Alternative Duty?Ī: TAD is intended to return the employee to the work capacity that was present prior to the work-related injury. Adopted in 1994, RSA 281-A:23-b, Alternative Work Opportunities was intended to protect employees from layoff or employment termination when that employee suffered a temporary reduced capacity for work due to a work-related injury. Transitional alternative duty (TAD) is an often overlooked tool available to employers working to effectively manage Workers’ Compensation risks and costs.
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