Injury not reported to WC

catwoman

We have an employee who is trying her best to find an injury for which she could be disabled and collect benefits. She has even taken pictures of the worksite and, when confronted with this, admitted she was doing it just in case she needed it for wc. She said she hasn't filed for wc because she did before for another injury and didn't like the physicians. She goes from dr to dr and gets notes to be out a couple of days at a time. We expected her to present with a brace on her arm and a dr note with restrictions (she didn't, but I know this isn't over). Since she's in a filing position, I wouldn't be able to give her any light duty - we have no jobs for which she wouldn't be able to use her arm. I think we're safe under ADA since she wouldn't be able to do the "essential" functions of her job. Would I be able to terminate her for this? Do I require her to file with wc, place her on FMLA since we couldn't accomodate her, or just terminate her employment for inability to handle the essential job functions?

Theresa Gegen TX

If she is claiming that she had a workplace injury, under most state's laws, there is a deadline for filing a workers' comp claim (in Texas is it 30 days). If she has indicated to you (her employer) that she had a workplace injury, you (her employer) need to make sure that the worker's comp carrier is notified, that OSHA reporting is complied with, and that any unsafe working conditions are addressed. The company probably has a rule that she must report workplace injuries immediately --- she apparently has not followed that procedure. That must be addressed.

As to what happens once you get her restrictions, it will depend on the nature of the restrictions and her job. But before terminating or taking any adverse action against this employee, review the situation carefully with your employment counsel. She appears to be litigation bound from what your description. By reviewing the situation with employment counsel, you can be assured that you will have a strong defense if she decides to sue.

Good Luck!

catwoman

Thank you for your clarifying these issues for me.