marc
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Even though you have very little information, it is very possible that the accident has led to an FMLA covered medical condition. Do as SMace suggests and send the paperwork. Let the medical provider guide your determination.
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You indicate the EE is eligible for FML, but did not mention whether or not you already jumped through the FML hoops with her for the 6 weeks leave already taken. I think she has a claim, but there could be some mitigating circumstances with respec…
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Ditto to both Mwild anwers.
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Agree with Whatever. Get the Medical profession's opinion on the forms and take it from there. If she qualifies so does he.
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Seems to me that if you begin treating her as disabled, you have limited the available courses of action. Is she currently being accomodated because of her meds? If not, there is a process to go through before you automatically begin to accomodate.…
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It is up to the employer to designate leave as FML or not. Most of us rely on medical services providers to determine if the situation qualifies, but it is still the employers call to designate it. I say that, because you can make it call it FML p…
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STD is short term disability. LTD is Long term disability. Some companies do not offer it - ours has it as an elected employee benefit.
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I understand your frustration with the Act. We all get sideways with it when trying to administer the various provisions. Mostly employers want them back to work as soon as they are able, assuming the doctor releases them to work - as to giving th…
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To answer your questions, 1) This would not fly. You cannot punish people that are on FML - that is viewed as retaliation and could get you into plenty of hot water. FML is around to protect the EEs against exactly that sort of thing. 2. Yes the…
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That's a good point I had forgotten about.
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They can have the full 12 weeks, assuming she was a full time EE and otherwise qualified.
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Agree with DJ. The FML ran out so that protection is gone.
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I am posting because it's the 26th of December, Friday and many offices are closed. I do not have a great deal of depth, but absent any responses from forumites with more expertise, I would call both my workman's compensation carrier and my disabil…
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1. Our Workman's comp medical is completely separate from our HMO. Thus we have no co-payments. 2. We are required to fill out the incident reports whether or not the EE follows up with any medical visits. 3. I am still not certain about the or…
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Thanks for replying Balloonman. My research so far indicates that volunteers are not employees by statute, therefore no WC coverage because they do not qualify. I have some information that indicates 48 of the 50 states do not have volunteers cove…
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I appreciate your input and perspective. Right now we have volunteer coverage, and by itself, it is not that expensive. But it is a deal-breaker for the prospective carrier, which would mean we stay in the "pool" and pay the higher costs. Our…
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Do you have safety policies that address unsafe work practices? Being late for work, assuming she did not make it to the clock on time would be another violation. You should consider writing her up for the violations, but as to the WC claim, I thi…
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I am a bit confused by your WC question but I don't believe there is any tie to the 12 weeks associated with FML. As to the FML question, you are supposed to maintain the benefits while out on FML meaning if the ER is providing the coverage for the…
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We had a similar debate about getting a waiver from volunteers related to Workers Comp coverage. Our lawyer asked some interesting questions, one of which was similar to Balloonman's point: "So if a volunteer does not sign a waiver does that mean …
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My memory has more holes in it than a slice of swiss cheese, but didn't we just go through this one a few days ago?
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We were sharing the leased office space with a state agency, pursuant to a contract. And yes, the insurance company is only on their own side. It is your stance on requiring a subpoena that has given me most pause in proceeding with copying the fi…
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Thanks for the response Balloonman. We have no liability exposure other than the WC claims, which is part of the good news. I mostly think that when attorneys get involved, theirs should talk to ours. However, our counsel is mostly volunteer so …
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Sounds like the Yin and the Yang all wrapped up in a nice little package. Just because other supervisors did not write her up does not mean you cannot. Most employees have a mixture of good and bad traits. Part of the development process is to en…
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Small claims court is an avenue. You can get judgements from them, but turning them into cash can be difficult.
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Sounds like trouble to me. You are in danger of a retaliation claim, which by your discussion points is exactly what you are doing.
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We require all accidents/injuries to be immediately reported and have an incident report form for these events. Not reporting would be a cause for write-up and discipline. If you don't know about an injury, how can you retaliate for it?
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Agree with Balloonman, this is not a big deal. The other area they always check with us has to do with contractors carrying their own WC insurance. Our carrier requires us to provide them with a copy of WC coverage for these vendors. If no certif…
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Since your title is W/C settelement, I can only assume there must have been a number of hearings along the way with opposing medical opinions and findings to support the Company's side of the arguement and her side of the arguement. I would suggest…
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Our policy says to report accidents immediately, which does not quite have the specificity suggested by WT's policy, but State law gives them 90 days, which prevails. All we can do if the EE does not comply with our "immediate" reporting, is to wri…
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I would start with your company's policy with respect to reporting workplace accidents/injury. Then show that the EE was aware of the policy (in our shop, that is an acknowledgement form signed by the EE). Our state requires a poster that explains…