Helping Injured Employees Return to Work - Practical Guidance Under Workers’ Compensation and Disability Rights Laws in California

Sep 16, 2026

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Helping Injured Employees Return to Work provides practical, California-specific guidance for small employers managing workplace injuries and compliance obligations. The handbook explains how to navigate workers’ compensation requirements alongside disability rights laws governing return-to-work. It outlines best practices through a six-step approach—starting the interactive process, clarifying essential job functions, obtaining work restrictions, evaluating accommodation options, making a work offer, and monitoring implementation. It also supports building an effective return-to-work program through policies, job evaluation, and clearly defined roles and responsibilities.

LanguageEnglish

CategoryLetters

FormatPDF

Pages36

Reading Time13 min

AccessFree to download

Introduction. About This Handbook

Section I. Best Practices in Returning an Injured Employee to Work

Step 1. Contact the injured employee and start the interactive process

Step 2. Describe essential functions and usual duties of jobs

Step 3. Obtain work capacities and restrictions

Step 4. Research and evaluate possible accommodations

Step 5. Select a reasonable accommodation and make an offer of work

Step 6. Implement and monitor the accommodation

Section II. Establishing an Effective Return-to-Work Program

Develop and formalize your policies and procedures

Evaluate existing jobs and working conditions

Ensure everyone assumes their roles and responsibilities

Appendices

A. Examples Comparing Essential Functions and Usual Duties of a Job

B. Time Frames for Engaging in the Interactive Process and Offering Work

C. Examples of Return to Work in Construction and Agriculture

D. Additional Resources

E. California Workers’ Compensation Laws

F. California Disability Rights Laws

Helping Injured Employees Return to Work Practical Guidance Under Workers’ Compensation and Disability Rights Laws in California Prepared by the Institute for Research on Labor and Employment, University of California at Berkeley For the California Commission on Health and Safety and Workers’ Compensation February 2010 Helping Injured Employees Return to Work Practical Guidance Under Workers’ Compensation and Disability Rights Laws in California Prepared by the Institute for Research on Labor and Employment, University of California at Berkeley For the California Commission on Health and Safety and Workers’ Compensation February 2010 Acknowledgments This handbook was designed and produced by the Institute for Research on Labor and Employment (IRLE), University of California at Berkeley, under a contract with the California Commission on Health and Safety and Workers’ Compensation (CHSWC). Its goal is to help small employers understand how to comply with both workers’ compensation and disability rights laws that govern return to work in California. Project Director Editor Designer Juliann Sum, J.D., Sc.M. Stefanie Kalmin Vicki Valentine We wish to thank California Department of Industrial Relations Director John C. Duncan, 2009 CHSWC Chair Sean McNally, 2010 CHSWC Chair Angie Wei, other members of the Commission, and California Department of Fair Employment and Housing Deputy Director of Employment Jennifer Harlan for their support in this project. This project would not have been possible without the ongoing efforts of CHSWC Executive Officer Christine Baker, Workers’ Compensation Judge Lachlan Taylor, CHSWC Research Specialist Irina Nemirovsky, CHSWC Program Analyst Selma Meyerowitz, and other CHSWC staff. They guided and collaborated in the project and facilitated participation by the following project advisors and contributors, whom we also wish to acknowledge: Roundtable Attendees Cathy Aguilar, CHSWC Saul Allweiss, Law Office of Saul Allweiss Linda Atcherley, Linda Atcherley & Associates Stuart Baron, Stuart Baron & Associates Joe Carrisi, Southern California Edison Roberta Etcheverry, Diversified Management Group* Scott Hauge, Small Business California and Cal-Insurance Nanette Goldberg Hauser, Southern California Edison Lori Kammerer, Kammerer & Company representing Small Business California Doug Kim, Green & Azevedo representing California Applicants’ Attorneys Association Robin Nagel, Kaiser Permanente Carrie Nevans, California Division of Workers’ Compensation Michael Nolan, California Workers’ Compensation Institute Sarah Oliver, Grimmway Farms Pearl Phoenix, Zenith Insurance Seth Seabury, RAND Corporation Mark Webb, Employers Direct Insurance Company Herbert Yarbrough, California Department of Fair Employment and Housing Additional Advisors and Contributors Kathy Biala, Milestone Medical Management Alternatives Erika Bruce, State Compensation Insurance Fund California Department of Rehabilitation, Disability Access Section Patricia Eyres, Stuart Baron & Associates Jean K. Hyams, Dickson Levy Vinick Burrell Hyams LLP Gideon Letz, M.D., State Compensation Insurance Fund Herb Levine, Independent Living Resource Center San Francisco Leslie F. Levy, Dickson Levy Vinick Burrell Hyams LLP Bryon MacDonald, World Institute on Disability Patricia Owens, National Academy of Social Insurance member and former board member Lee Patton, Association of California Water Agencies Joint Powers Insurance Authority Joe Severino, State Compensation Insurance Fund *Ms. Etcheverry provided resources and invaluable assistance on an ongoing basis throughout the project. Copyright © February 2010, IRLE and CHSWC. All or portions of this handbook may be reproduced without permission for educational purposes. Please credit IRLE and CHSWC. Contents Introduction. About This Handbook .................................................................. 4 Section I. B

FAQs

Who is the handbook intended to help, and what is its main goal?

The handbook helps small employers understand how to comply with workers’ compensation and disability rights laws that govern return to work in California.

What are the core steps for returning an injured employee to work?

The guidance follows six steps: contact the employee and start the interactive process, describe essential functions and duties, obtain capacities and restrictions, research/evaluate accommodation options, select an accommodation and offer work, then implement and monitor the accommodation.

What should employers do to establish an effective return-to-work program?

Employers should develop and formalize policies and procedures, evaluate existing jobs and working conditions, and ensure everyone takes on their roles and responsibilities.

Sep 16, 2026

Upload by Elsa