Worker Comp Injury & workers compensation

C Wilson

I have an employee who was going to be placed on an attached lay-off January 30, 2005 for one month.

The employee twisted his ankle in December which he mentioned to the GM, but no report of first injury was filed out until 1/22/05, when the employee went to his supervisor complaining that the ankle was still hurting. The employee went for treatment on 1/24 and was placed on medical leave until he can be evaluated by a specialist. Our workers comp carrier has not authorized a referal to a specialist as of yet. Should I wait to see what happens with workers comp or should I file a UI claim for this employee?

Don D

I've never heard of filing a UI claim FOR an employee. If the layoff was already decided, designed and/or in motion and his name was on the list, the injury or pending status of WC should not have any impact on his being affected by the layoff. He should be laid off, advised to file for UI benefits and you would, I assume, complete the UI questionnaire or include his name on your list of affected employees that you send to UI. If a doctor has not taken him off work or restricted his ability to work, then his availability to work should not be an issue in the UI decision.

Sounds like it would be easy to get the UI, Comp, layoff, FMLA wires crossed in this case, but that needn't happen. If he does begin to draw a WC payment, be sure you advise the carrier that he has filed for UI. He should not be allowed to double dip the systems.

C Wilson

Don,
Yes an employer can file a UI claim on the employee's behalf and can do so in the state of NC for up to 8 consecutive weeks. This is based on the premise that the employee will be returning to work for you and this is a temporary layoff. The NCECS provides the software free of charge to the employer so the claim can be filed online. If the employee receives income from another source during this time he must report it to me so it can be declared on the UI claim.


Thanks for your reply.

Cherrye

HRinFL

First, what happened to the GM for not completing the proper paperwork for a work-related injury?

If the carrier has recognized that the injury is compensable, the ee will be eligible for W/C benefits. I would imagine that if the carrier denies the referral, the ee will file a Petition of Benefits, and ultimately, the referral will be granted. If there is a question of whether the referral is warranted, you can have theee see another Dr. for a 2nd opinion.

However, once an ee is being compensated through W/C benefits (usually 66 2/3 of the ees pay, tax free thank you!) they are not eligible for unemployment benefits (at least in FL). So, I would wait and see what the carrier decides before taking that step. If the ee is out for his own condition, is he on FMLA? Are ees at your facility given sick time to use in situations like this? If so, there is no need for UI benefits. The only thing is that when W/C benefits kick in, they will reimburse the ee retro to the date the claim was filed - so you would need to credit the "ee's" bank.

C Wilson

HRinFL,

I refused to answer the first question as it may be used against me!

Thanks,

Cherrye