Balloonman
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Obviously it depends on state regs. What I have typically done, is once the treating doctor releases them to return to work I make them decide. They can return, refuse, quit etc. If the doctor places restrictions on them that I cannot reasonable …
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This is information you will ultimately have to provide to your insurance carrier and they will or the judge will order you to turn in over. WC payments are based on the past average weekly wage. This is where people that have poor atttendance en…
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Something to keep in mind for the future whenever an employee is injured, and refused to get checked out. Remind them that we have a duty to not allow them to further injure themselves. We cannot operate in their best interest without having them …
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My understanding is that you do not have to offer, like you do with the health insurance, but if they request it, you have to allow them to keep the coverage. My $0.02 worth. DJ The Balloonman
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They do make adult diapers, that would allow the employee to leave and not risk getting "caught" without a nearby rest room. The whole 100 mile drive and already having a tardiness issue makes the request stink, like you know what!!!!! My $0.02 wor…
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Kristy, I have been in safety now since 1990. I have been in HR (where I currently am, under production, under asset protection (loss prevention), and here and their. The main issue is how the company values safety, and the importance it is given.…
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Theresa had some good points, and she has my condolences for having to deal with Texas WC. The fact remains if the insubordination would have gotten them fired if they were not on restricted duty then it should still get them fired even if the are …
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I would fire him. Of course there are issues depending what state you are in, but, with a release, they must do the work or it is a matter of policy & discipline. I have dealt with this a number of times, I defer back to the doctor's opinion. …
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Wow, well that will send a very strong message to the employees about machine guarding though. And the employee paid a significant price too. I would still check into WC rules, you may be able to reduce the amount of a settlement he gets for remov…
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Whatever, what did you end up doing? I am curious. DJ The Balloonman
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I have been there done that. If your documentation is in order, FIRE him! Remember the outcome of the incident should not guide your actions. The fact that you said you would have fired him if he was not hurt says it all! I would not worry so mu…
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I would tell the WC carrier to look into it. I bet on the doctor's notes is says not work related. Also every disability claim form asks if it is a work related condition. If he checked yes he would not have gotten disability. He probably checke…
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After year end, I update the log monthly. I do not recall what the regs call for. I note the last time updated in pencil, so if I have to produce it one can easily calculate the days. DJ
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It does not matter when the restricted days occur, they go on the log where the injury is recorded. So if a person hurt in December has 20 restricted duty days in January that would be recorded on last years log. My $0.02 worth. DJ The Balloonman
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It is critical that you be proactive with the employee. First it is the right thing to do, as you need to look out for their well being on the job. Be proactive, showing concern goes a long way in preventing workers' compensation claims. Second, …
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Linda, you are correct in my opinion that this is first aid and not medical treat. As for the going home issue, I have run into that before with less than motivated employees. You can't win if you make them stay and work either. What I have alway…
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In the future, when an employee shows up with a note that limits them from performing the essential functions of the job for a non work related injury do not automatically accomodate the restrictions. He was hired as a maintenance worker, you are c…
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To follow up on the previous post...........you cannot rescind the job offer based on the WC history. You can however rescind it if they failed to accurately disclose the WC claim/injury history as the falsified the paperwork. My $0.02 worth. DJ Th…
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They need to continue to pay their portion of the premium.........if you have declared it FMLA then that may change. My $0.02 worth. DJ The Balloonman
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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 differe…
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If you do not have work available within the restrictions and you send someone home, are they not missing time due to the injury? Sounds like the vicious cycle of not wanting to break the streak! Been there done that. Fact is if he is not working…
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First always look at the work available and see if the employee in question can do all or part of another job. As for the partial days, if they are making less then the state mandated 66 2/3% (MO) then WC would have to make up the rest after the wa…
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You are also probably assuming that she really has pain. As pain is subjective it is the #1 complaint of malingerers. They will complain and complain even thinking they might get off work. The good doctors know this, and will tell them they will …
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Do you have a medical degree? I ask because if the doctor gave her a full release without restriction they obviously feel that she has healed. You cannot force someone to wear a wrist brace. You would be crossing the line, I would not even offer …
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The CEO, high ranking company officer or "designated felon" must sign it. PS A word to the wise, one of my past CEO's never liked the designated felon joke that I made as he was signing the environmental reports........ go figure. My $0.02 worth. D…
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If the injuries involve unsafe acts, or you just want to require the re-training to those that get injured there is no reason you cannot. If anyone says oh you are picking on me/them, just indicate no, we are concerned that they did not retain the …
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I sit down employees that I know will be out for a long time and give them a payment schedule for their share of the premiums. I have been burned, and now let them know that the insurance company will terminate coverage for non-payment and they wil…
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This falls under the coming and going rule.............the only way I would not consider it WC is if the steps were defective or in some way dangerous. I would let the employee know that it is WC and be done with it. They cannot have it both ways,…
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A big ditto, and if she was at fault in the accidents you better hope she does not drive for you as part of her job functions. My $0.02 worth. DJ The Balloonman
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Sarah, You are only half right, just like you had to give your perspective, I must throw in my $0.02 worth. GOOD employers do not jerk people around with claims. I have handled workers' comp for over a decade and my approach has always been the sa…