WC and Employee voicing settlement amount

dgrant · March 2003

We have an employee who we suspect filed a false wc claim. We sent him to the doctor and his parents met him there (unknown to us until the nurse called).

A week later he was finally released to full duty. However, in the process, his parents have retained a lawyer and are trying to get a settlement. The employee is now telling everyone in the plant that he is going to get a certain amount settlement from the company according to his lawyer.

what can we do. We want to fire him do to performance issues (he complains about certain jobs he's told to do and tries to pawn them on other people); however, we already have a retaliation claim against us right now.

Does anyone have any advise Please?

Don D · March 2003

You already have one retaliation claim. If you want a second, go ahead and fire him and he'll additionally sue you for WC retaliation, if your state allows that. Don't fret over him running his mouth about a future comp settlement. Ignore him. You have better mine fields to negotiate.

cthr · March 2003

Is this employee underage and that is why his parent's met him at the doctor? Did you have him performing work that he shouldn't have been performing? It is not necessary for the employee to notify you if he has someone meeting him at the doctor. I start documenting his performance issues, this way if you need to terminate him in the future you will be in a better position to defend your claim.

dgrant · March 2003

Actually, he's 20 years old and still lives with his parents. We found out after he was allegedly injured that both his parents live off of disability and are people who live off of WC injuries and sue whenever they can.

Don D · March 2003

dgrant: You're tetering at the top of a slippery slope! I think you are allowing yourself to form opinions from hearsay, speculation and prejudging. The reason that is dangerous is because you're also VOICING it. What this might result in is your taking some sort of action that this litigious family and its attorneys can clearly relate to your retaliation for his having filed a claim. Everything you have voiced thus far is pure speculation. Wish him good luck with your comp carrier and their attorneys. Plan your rationale now for NOT returning him to work with restrictions in any condition. You don't want a plaintiff's jury listening to the following questions and responses: Mr/Ms Grant, wasn't it your understanding and professional judgement that John deliberately falsified his injury and his claim and wasn't it your conclusion that his entire family in fact are the kind of people who live off the system, isn't that the basis for your opinion of John and his claim, and your sole basis for your opinion and judgement of his family, who incidentally sit there on the first row in those tattered shirts? And isn't it true that you were visibly upset when you heard that his poor concerned family had met him at the clinic where he went for medical help after he slipped and fell at your uncaring and unsafe company which, by the way, has pretty deep pockets? But before you answer, tell us, don't you try your very best as HR Manager for Deeppockets, Inc to weed out and not hire all these people who might get hurt at work, which by the way, makes up the entire first two rows of the jury that sits before you? ///////////Please be careful. It gets dangerous.

Balloonman · March 2003

Let him run his mouth................the others will know how the system works, and probably have figured out that he is an idiot. Treat him as you would anyone else in regards to restricted duty, attendance, and performance. Treating them different is what can get you sued.

You don't have to cut him any slack, and unless he has a true permanent impairment he should not get a settlement.
MY $0.02 worth.
DJ The Balloonman

LindaS · March 2003

I have seen MANY employees voice their opinions regarding how much they THINK they will get from a WC claim and more often than not, the employees have not seen anywhere NEAR that amount (but they are NEVER as vocal about THAT!). I would inform the WC carrier that you have some reservations about the injury and want it investigated. I would also request this employee provide you with the names of any witnesses to the injury. If he has been released to full duty after one week there doesn't appear to be any major injury. If he claims there is, there is much you can do to fight this claim through the WC system. I'm sure many HR people can tell you a story or two about an employee trying to manipulate the system only to get burned.

My advice is NOT to treat this employee any differently than any other ee. I know this can be difficult but remember, you are a professional!!

Good luck.

Leslie · March 2003

What was the accident? He just ran to HR yelling he'd been hurt and you sent him to the doctor? No witnesses? If it's after the fact, and "suddenly" the employee can no longer work, we nicely file the claim and doubt the validity. If they have restrictions that preclude them from doing their job, you nicely say I'm sorry, we will put you back to work when you have a full release. Then you place them on FMLA and 12 weeks later.....

Theresa Gegen TX · March 2003

Don't let this employee push your buttons. You need to manage him. Hire a lawyer NOW to help you develop the evidence you need to defeat a retiation claim.

I can't imagine what his retaliation claim is worth if he is working and released to work. What's he out. But once you fire him you lose leverage. You need to have all your facts clearly developed. From reading your post, it seems that one of the reasons you want him fired is because he is pushing his worker's comp claim. I got news for you -- that is retaliation!

I would not worry too much about a 20 year old calling his parents to meet him at the doctor when he is injured at work. He probably needed a ride home. Or is so immature that he wanted parental support. I would not read more into it.

Good Luck!

WC and Employee voicing settlement amount

Comments