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Avoiding the Work Comp Nightmare: When it isn’t Your Fault

Workers’ Compensation claims can be a nightmare for any employer. What happens when an employee is about to file a claim against you – and you aren’t to blame? That’s exactly what happened with one of my clients recently. Here’s how I helped:

Let’s call my client “Jane.” Jane’s part-time employee was injured while working at another job. The employee’s back was hurt, and Jane did everything in her power to accommodate the injury, including offering light duty work. After the employee talked to an Information Officer, they were instructed to file a claim on the business she was injured at as well as Jane’s company.

With our assistance, Jane was able to help gather all the information necessary to process the employee’s claim correctly, and the documentation needed to protect the company from responsibility.

This was the best-case scenario for Jane, but if her employee had filed the claim there could be ramifications for both Jane and her employee. Jane could have a significant cost impact on her Workers’ Comp insurance, and she would have to take the employee back with her severe doctor’s restrictions that prohibit her from doing the job requirements. The employee could also be held liable for filing a fraudulent claim against Jane.

Four ways you can protect yourself from an unjust Workers’ Comp claim:

  1. Communicating with your employees
  2. Modifying with appropriate changes
  3. Taking the right steps
  4. Calling me!

We can advise you through all of these steps to make sure you are protected and prepared to deal with any potential Workers’ Comp situation. Please feel free to contact our office at your convenience.

Van Beurden Author