? False Injury Claim

atherese

An employee claimed knee injury the end of November, slip/fall on wet floor. The injuried employee did not file the claim when he left his shift and also did not limp. Three hours later came back claiming he injuried his knee with the fall. Last week the injuried employee was in local clinic waiting for his pre-surgery physical for the injury. A co-worker was also in the small waiting room. The injuried employee was talking to another person saying he fell in his driveway blowing snow and the snow blower fell on him. I have called the WC carrier and they are investigating and will confront the employee. "IF" he admits that he was injuried at home and that the injury did not occur at work, are we able to immediately fire this employee for filing a false WC claim? I don't want to jump before covering all my bases. (We are in Minnesota). I am aware that if he denies that it happened at home and we can't prove otherwise we remain liable.

Down_the_Middle

If everything falls into place as you suggest, I would certainly terminate him for fraud. From my former life working in Minnesota, we discharged someone who submitted a fraudulent claim, she appealed the discharge and it was upheld. Not sure if MN has shifted it's position, but fraud is a felony in some states.

OhioSmallEmployer

Definitly check state laws and see if it has to be a company policy to terminate. But on the claim issue, since you didn't say you had them, I'd get witness statements from both people. The non-witness statement should say how he worked with this employee and was there during the time the claimant alleges the injury but did not see anything, wasn't told about it, nor saw the claimant limp etc. The other statement should say exactly what the conversation was. Even if this guy doesn't say he did this in his driveway, which why would he?, you should be able to request a hearing on new and changed circumstances if the law permits if the claim has already been adjudicated.

Margaret Morford

If you fire for fraud (and I believe you should), just make sure you've never had another fraud situation in which you didn't fire the employee.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]