Terminating a WC Employee?

khayes · May 2012

I am new to the construction industry - so forgive my ignorance when asking this question:

I am receiving correspondence from our Work Comp carrier on a couple of our cases asking me if the EE is 'still employed' with our company and 'if not, what is their termination date.' Both of these particular cases were injuries that occured in 2010 & early 2011.

This has led me to question WHEN is it acceptable to 'terminate' someone? I guess I assumed that they would remain 'employed' at least to the point of Total Disability/Inability to RTW or if they indicated they were moving on to another job.

Can you shed some light on this for me? Where does a company 'draw the line'? And no, it is not addressed in any policy that we have here....but evidently needs to be.

Thanks.
Kelly

plhepner · May 2012

Unless there is a doctor's excuse totally taking the employee out of work, you use the guidelines like you would for any other employee, hurt or not. I heard that in a regional education worker's compensation seminar last year. The analogy was someone with a hurt ankle from an on-the-job injury versus someone who had a terrible cold and flu. If the cold and flu had to stay out a week, we would expect a doctor's note when he or she returned. Same with the ankle injury - need a doctor's note regardless. If the doctor's note says he or she is to return to work Monday the 28th and he or she doesn't call or show then you have reasonable grounds for termination - especially if you tried to call and your employee didn't even pick up the phone.

khayes · May 2012

Thank you for your feedback!

joannie · May 2012

Kelly,

Check your state WC laws to be on the safe side. Some states will not allow you to terminate an employee while they are on TTD.

Terminating a WC Employee?

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