Return to you, as previous employer

Your employee will either partially resume their previous role or commence in an adapted position.

Supporting your employee or colleague can be approached in various ways.

It is essential to collaboratively determine what is both feasible and beneficial for the individual and the work environment. Here are some specific examples:

Permit flexible working hours.
Facilitate a gradual return to work.
Coordinate task assignments based on discussions with the individual.
Introduce task variety by alternating between physically and mentally challenging tasks, or balancing effort with relaxation periods.
- Consider scheduling physically or mentally demanding tasks at the beginning of the workday.
Determine where tasks will be carried out through mutual agreement.
- Opt for a quiet work setting, minimizing distractions like noise, temperature fluctuations, or excessive visual stimuli.
Establish how tasks are performed, considering factors like natural lighting, soothing colors, or providing headphones to reduce sensory overload.
Explore available resources together to enhance the work environment.

Concrete action plan

Collaborate on developing a detailed action plan outlining task assignments, responsibilities, timelines, and methods.

Here are some specific suggestions to consider:

Utilize a calendar to track meetings and deadlines effectively.
Break down tasks into manageable sub-tasks, noting required resources, available support, and task priorities.
Clearly communicate plans, tasks, and actions, reiterating steps when necessary.
Maintain a composed demeanor and avoid unnecessary conflicts.
If suitable and beneficial, assign a buddy or mentor to provide daily support.
Jointly assess and refine strategies for optimal effectiveness.
Explore various strategies such as creating to-do lists on paper, computer, or smartphone, with the ability to mark completed tasks.
- Consistency in strategy selection and regular evaluation of its efficacy are crucial. Avoid frequent changes in strategy as it can lead to confusion and inefficiency.
- A strategy that is helpful initially may become time-consuming as tasks become more routine or automated. Regular evaluation ensures ongoing effectiveness.

🤝Together

Collaborate to identify suitable ways to support the individual.

Harness your creativity to devise beneficial adjustments together, such as creating checklists, establishing designated locations for materials, or implementing folders to organize information and tasks.
Engage colleagues in the process.
- Develop a collective action plan to encourage constructive input, enhance collaboration, and broaden perspectives.
- By involving everyone, tasks can be streamlined for improved efficiency, benefiting not only the employee with a brain injury but also facilitating smoother task execution for all.

Do you have specific inquiries?

👉 Select a question for further information.

This implies that the employee commences work with a limited number of hours per week tailored to their health condition.

⚠️ Please note: the employee is required to inform the health insurance fund of their intention to resume partial work at the latest by the first working day before the resumption.

Prior to resuming work partially, the employee must seek approval from the advisory doctor at the health insurance fund.
It is only permissible for the employee to begin partial work after obtaining written consent from the advisory doctor.

💡Tips & tricks:

If an individual experiences cognitive challenges, such as difficulty in remembering new information or planning tasks, completing administrative procedures accurately may pose a difficulty for your employee.
In such cases, it is advisable for you, as the employer, to assist in overseeing the application process. When considering the potentially unseen effects of the acquired brain injury (ABI), it is essential to provide the individual with maximum support during the partial work resumption.
🤝Collaboratively, verify with the social secretariat and the occupational health physician whether all necessary steps have been successfully carried out.

⚠️Please note: As an employer, it is your responsibility to complete a form provided by your employee at the end of each month, which is then submitted to the health insurance fund. This form serves as the basis for adjusting the disability benefit. Timely submission of this form to the health insurance fund is crucial to ensure accurate benefit adjustments.

The duration of approval is determined by the advisory doctor at the health insurance fund.

Initially set at a maximum of two years, the advisory doctor can extend this approval for up to two years with each renewal.

💡Tips for Renewal of Partial Work Resumption:

Utilize the renewal application as an opportunity to assess:
Progress of the partial work resumption
Need for any adjustments
🤝Collaborate with your employee to consider involving the occupational health physician in discussions.
Inform your employee about the possibility of consulting their treating doctor regarding the renewal process.

Typically yes, but ...

It is crucial to differentiate between a brain injury stemming from an illness or accident (managed through health insurance) and one resulting from a workplace accident (handled through work accident insurance).

Brain Injury from Illness or Accident:

When considering a partial return to work, the employee needs to request permission from the health insurance fund to engage in work during the disability period.
While awaiting the decision from the health insurance fund, the employee can commence partial work resumption. Ideally, obtaining permission in advance avoids follow-up procedures.
The advisory doctor at the health insurance fund informs the employee of the decision, which should be presented at work. The employer pays a salary for the hours worked, supplemented by the health insurance fund through work disability benefits.
If the employee experiences an accident while traveling to, from, or during work while on partial work resumption, they must report it to the industrial accident insurance fund.
In addition to applying to the health insurance fund, a pre-work resumption assessment with the occupational physician is necessary. The occupational physician translates health-related information into actionable work advice.
Apart from applying to the health insurance fund, a pre-employment assessment conducted by the occupational physician is essential. The occupational physician interprets health information into practical work advice.Examples of work-related advice may include:
- Prohibition of working at heights for the employee.
- Requirement for all communication with the employee to be both verbal and written.
- Necessity for a stimulus-free workplace environment for the employee.
- As an employer, it is imperative to adhere to this advice and implement adjustments in job content, work context, and/or work arrangements accordingly.

2. Brain Injury from a Workplace Accident and Partial Work Resumption

When resuming work partially following a workplace accident (which is not yet consolidated, meaning temporary disability benefits are still being paid by work accident insurance), your employee must seek permission from the work accident insurance to engage in partial work resumption.
The employee can start working before the industrial accident is consolidated.
- Returning to work early offers the advantage of assessing progress, identifying challenges, and understanding what obstacles lie ahead.
- 💰 Benefit: The work accident insurer will adjust the salary to ensure the employee does not suffer wage loss during this partial work resumption period. Throughout this time, the employee is covered by work accident insurance.
- 💡 Tip: Consult with the occupational health service or your social secretary for guidance. They can offer assistance and provide additional information on this matter.

No, but ...

It is crucial to differentiate between a brain injury resulting from an illness or accident (managed through health insurance) and one from a workplace accident (handled through work accident insurance).

No modification to the employment contract is necessary for partial work resumption post illness or accident:
- The employment contract remains partially suspended due to the illness.
- The employee seeks approval from the health insurance fund to engage in work activities during the incapacity period.
- An addendum can be included in the employment contract detailing the terms and conditions of the partial work resumption.

No changes to the employment contract are necessary when resuming work partially after a workplace accident that is not yet consolidated:
- If the employee returns to work partially before consolidation (indicating ongoing temporary disability benefits from work accident insurance), partial temporary disability persists.
- Upon acknowledgment by the work accident insurance, they will cover the wage gap between pre-accident employment and the part-time work resumption.
- During this phase, there is no requirement to modify the employment contract, even if the individual transitions to different tasks, such as switching from night shifts to day shifts.
- An addendum can be appended to the employment contract detailing the terms and conditions of the partial work resumption.

If the employee remains in a part-time capacity post-consolidation and increasing the hours to the initial level appears impractical, you have the option to discuss with the health insurance fund the possibility of extending the part-time arrangement.
- Should the health insurance fund approve this extension, the original employment contract from before the industrial accident will be upheld, and the employee will transition to the partial work resumption system.If extending part-time work is not feasible, adjustments to the employment contract will be necessary.

Nothing.

It is essential to obtain the individual's consent who has a brain injury for any actions related to it.

🚧 Challenge: Understanding what changes a brain injury has brought for the employee is a process for both the individual and the employer, supervisor, or colleagues.

💪 Opportunity: Colleagues benefit from a clear understanding of the effects of the brain injury on the employee:

Identifying areas of progress.
Recognizing limitations or challenges.
Providing support that can be beneficial.
Collaborating on how to assist the individual effectively.

🤝 Collaboration: Engage with colleagues to devise a concrete plan on addressing these aspects together.

🚧 Challenge: Each brain injury is unique and impacts the individual's functioning differently.

Sharing general and specific information about brain injuries, including how it has altered the employee's life, can enhance awareness and empathy among colleagues.
Reflecting on the implications of brain injuries at home and in the workplace, and brainstorming solutions, fosters a deeper understanding within the team.

💪 Opportunity: Emphasize the visible and hidden effects of brain injuries.

Encourage discussions on how the employee can communicate this to colleagues, such as through a 'brain story' or personal experience narrative.Your team member can share this story in written form and verbally, based on their preference. They can craft a comprehensive narrative:
- Reflecting on their identity before the brain injury.
- Describing the onset and impact of the brain injury.
- Illustrating how it influences their daily routines.
- Detailing how they have adapted their life with the brain injury.
Specifically for the workplace, they can outline:
- Their professional identity pre-brain injury, highlighting strengths and characteristics.
- The circumstances surrounding the brain injury and its professional implications.
- Strategies that aid in shaping their professional life effectively.

No.

Your employee has the right to keep their brain injury private from you, as the employer, and colleagues, as it is a personal matter protected by privacy rights.

The medical certificate validates the employee's disability status.

Legally, the employee is not obligated to provide a medical certificate unless mandated by labor regulations or a collective agreement.
However, if requested by the employer, the employee must comply.The medical certificate does not disclose the specific illness due to medical confidentiality.

🚧 Challenge: If you are aware of your employee's brain injury, consider the pros and cons of sharing this information for overall and workplace functionality.

💪 Opportunity: The occupational physician maintains confidentiality regarding the employee's health condition but offers work-related advice based on medical information.

For instance, they may suggest adjustments to create a low-stimulus workplace environment.

As an employer, it is crucial to recognize that a brain injury can lead to diverse effects across cognitive, physical, emotional, and behavioral domains.

It is essential to understand that these consequences can differ significantly from one individual to another and can vary based on the circumstances.

🚧 Challenge: Brain injuries can range from mild to severe, resulting in varying impacts on an individual's functioning within their job role. For instance:

Reduced initiative compared to their previous proactive approach.
Need for clearly defined tasks instead of previous flexibility.
Increased impatience contrasting with prior patience levels.
Experience of persistent fatigue where physical complaints were rare before.

In general, it is important to acknowledge that individuals may not return to their pre-injury selves after a brain injury. While advice like "take sufficient time off for recovery" allows for focus on rehabilitation, full recovery is often not achieved.

This implies that employees may come back to work with adjusted workloads and capabilities.

💡 Tip: Collaborate to determine the essential elements for a successful reintegration process.

🤝 Together: Seek assistance from the occupational physician to identify suitable work options or explore opportunities within your organization.

💪 Opportunities:

Foster open communication to address successes and challenges.
Engage in discussions with the employee and occupational physician to identify beneficial employment support measures for a mutually beneficial job arrangement.
If there is a work disability, consider utilizing government support measures.
Work collectively with the employee, occupational physician, and job mediator to find solutions if returning to the previous role or an adjusted position is not feasible due to the brain injury's effects.

Recognizing signs that an employee with a brain injury may exhibit in the workplace:

Short temper
Emotional responses to inquiries
Irritability
Tension with colleagues

Other indicators may include task-related issues like increased errors, frequent forgetfulness, or incomplete assignments.

External cues from home life, such as a partner noting the need for continued efforts at home or increased rest to combat fatigue post-work and on weekends, can also provide insights.
Unrealistic work expectations and inappropriate task assignments may contribute to challenges.

🚧 Challenge: The reintegration process post-brain injury is often a journey involving the employee, their support system, and the employer. It can raise numerous queries. Seek assistance and support during this period.

When an employee lacks a comprehensive understanding of the impact of a brain injury, it can pose challenges for you as an employer, requiring considerable patience.

It is a gradual process for the employee and their support system to grasp the implications of the brain injury, its constraints, and how to manage them effectively.

🚧 Challenge: Your employee may:

Have limited awareness of how the brain injury affects daily life.
Struggle to identify their own strengths and challenges accurately.
Overestimate their capabilities.
Fail to fully acknowledge their challenges.
Causes of limited disease insight may include:
Cognitive consequences of the brain injury, such as memory issues or language impairments hindering the comparison of pre and post-injury life.
Processing grief and loss, leading to a gradual acknowledgment of difficulties as a coping mechanism.
Needing time to adjust to life with a brain injury.

The employee's level of self-awareness may evolve over time but could remain restricted due to the brain injury.

Reflecting on workplace dynamics is a personal reflection exercise for the individual, offering guidance for you as the employer.

Yes, but...

Not all individuals with brain injuries qualify for employment support measures, which are government-provided aids for those facing work-related disabilities or health issues.

🚧 Challenge: If you, as the employer, notice that your employee's work performance is impacted by limitations, engage in a discussion with them.

The employee can involve VDAB to assess work restrictions and the necessity for employment support measures.
For instance, the employee may exhibit slower work pace, increased absenteeism, or require additional guidance.

💪 Opportunity: Subsequently, as the employer, you can apply to the Flemish Department of Work and Social Economy for assistance. This application can lead to receiving a premium to offset revenue loss.

🤝 Collaboration: Collaborate with your employee to determine the utilization of the premium. It can also contribute to workplace adaptations if needed.

Each individual and brain injury is unique, making the value of adjustments vary depending on the person and circumstances.

🔀 Reasonable adjustments can be categorized as tangible, intangible, or organizational. Examples include:

Tangible adaptations: installation of a lift, ergonomic furniture, specialized work equipment, or a low-stimulus workspace.
Intangible adjustments: customized work regulations, on-site support, or additional guidance.
Organizational changes: flexible working hours, remote work options, or extra breaks.

Not all adjustments for brain injuries require costly equipment or intricate modifications.

For instance, a simple adjustment like a shorter workday can be effective.

🤝 Collaboration: It is beneficial to discuss adjustments with your employee as an employer:

Identify meaningful adjustments for the individual.
Evaluate the financial support available from the government to implement these adjustments.

When your employee is officially recognized as having a work-limiting disability, they become eligible for various employment support measures.

If you are already utilizing these measures to facilitate employment, you can seek an augmentation in the Flemish Support Premium (a contribution towards wage expenses).
In case you have not yet utilized this enhancement, consulting a VDAB Employment Support Measures Service expert is advisable.
Apart from the Flemish Support Allowance, you can also apply for funding to adapt workstations or tools.

⚖️ Legal Update: Starting from July 2023, the Flemish Support Premium will be replaced by Individual Customization.

It is crucial to conduct a thorough assessment of your employee's abilities.

🚧 Challenge: A common issue post-brain injury is individuals tending to overestimate their capabilities while underestimating the impact on their functioning.

🤝 Together:

Collaborate with the treating doctor, occupational physician, and family members to evaluate the feasibility of increasing working hours.
Engage with a work mediator (from GTB or GOB) or a member of the treatment team for additional insights.

As an employer, you can assess the situation at work by:

Monitoring the employee's task performance.
Observing improvements in task execution over time.
Noting any indications of discomfort or well-being.
Identifying errors, slower work pace, or challenges during the partial return to work.

If increasing working hours is viable, the employee can submit a new application to the health insurance fund.

Try to comprehend the complexities involved in discussing performance consequences with the employee.

🔀 There could be various reasons why it is hard:

The employee may underestimate the impact of the brain injury and overestimate their abilities due to limited disease insight.
Grief and loss can hinder the acknowledgment of brain injury consequences.
It is a process of exploration for the employee, leading to uncertainties about capabilities and challenges.

It can be challenging for you as an employer/manager and colleagues to:

Manage the individual's altered capacity.
Address the consequences.
Navigate changes in the employee's performance.

🤝 Together: Seek support from professionals experienced in brain injury consequences and workplace functionality, such as care providers or work mediators (from VDAB or GTB).

A successfull reintegration implicates specific conditions:

Appropriate Work: Aligning with the employee's capabilities post-injury and accommodating the brain injury effects.
Team Integration: Being an active part of the team and performing effectively.
Adjustments and Support: Making necessary work adjustments or applying for government employment support measures for individuals with health issues.
Balanced Energy: Efficiently managing energy between work and home responsibilities to maintain well-being.
Positive Workplace Environment: Ensuring the employee feels comfortable and supported at work.

🚧 Challenge: For individuals with brain injuries, remaining at work can be more challenging than returning to work.

💪 Opportunity: Regular assessment is crucial to determine the ongoing success of the reintegration process.

Consultation with the Employee
- Schedule a dedicated time to discuss concerns and experiences with the affected coworker.
- Some individuals with brain injuries may not fully grasp the consequences, making support crucial during challenging conversations.

Collaboration with Occupational Physician
- Engage with the occupational physician to address concerns, explore options, and receive guidance on supporting the employee effectively.

Involvement of Treating Physician/Team
- With the employee's consent, consult the treating physician or team for insights into the injury's impact and strategies to aid the employee.

Utilize Specialized Workplace Job Coaching
- Engage specialized job coaching services to assist both you and the employee in navigating the workplace challenges effectively.

Support Availability
- Support services are often provided at no cost for individuals with recognized employment disabilities.
- As an employer, you may cover the expenses associated with these support services.

The effects of a brain injury may not be immediately apparent in the workplace but can manifest gradually, impacting various tasks and functions over time.

💡Signs of challenging progression may include irritability, fatigue, conflicts, task performance issues, and difficulty discussing work resumption progress.

🤝Collaborative Approach:

The occupational physician is informed about the health condition and understands potential areas of impact, such as memory issues or decreased work speed.
Engaging a specialized job coach for workplace support can further aid your employee.
With input from the treating doctor/therapist and in consultation with the employee, seeking advice becomes a collaborative effort.

Scenario 1: Employee Resumes Work Partially

🚧 Challenge:
Initially, there is a good understanding of the employee's reduced workload. However, as time progresses, challenges may arise in the workplace, such as tensions with colleagues, difficulty discussing consequences, making errors, or a lack of learning effect.

💪 Action: Collaborative Consultation

Initiate a discussion with your employee to assess their insight into their condition. A focused conversation about the progress of work resumption can provide clarity on necessary adjustments to enhance work suitability.
Involve the employee's family members to gain a comprehensive understanding of both work and home environments.
Collaborate with the occupational physician to leverage their expertise in brain injury, job requirements, and workplace dynamics to identify potential reasons for challenges.
- Based on insights, the occupational physician may recommend adjustments like job modifications, reduced work hours, or alternative task delegation methods. Verify the feasibility of these adjustments together.
With the employee's consent, seek input from the treating doctor/team, a work mediator, or a job coach to explore additional support options.

🔀 Additional Scenarios:

Review your utilization of government-provided employment support measures designed to assist individuals with health issues.
- If already utilizing these measures, explore the possibility of increasing their scope or benefits.
Consideration of Medical Force Majeure Dismissal:
- In cases where no further adjustments can be made to enhance work suitability or if requested modifications are deemed unreasonable, contemplating a dismissal due to medical force majeure may become necessary.
Continuing work resumption under such circumstances may cease to be beneficial for both the employer and the employee.
- ⚖️ Legal Framework: Note that regulations regarding dismissal for medical force majeure are undergoing changes. Presently, such a dismissal is permissible only after completing all formal steps of a reintegration process.

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