Announcement

Collapse
No announcement yet.

Is it OK to dismiss someone in workers' comp leave?

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Is it OK to dismiss someone in workers' comp leave?

    The case is such that there was an employee who hurt his finger. However, because of a previous medical condition unrelated to work, that cut got worse and he lost part of his finger.

    So he filed a workers' comp claim, and has not showed up for 3 1/2 months. He never asked for a medical leave, and it is now not possible to locate him.

    The company paid all of his benefits (although not his salaries) for the period he has not shown up, but now it is time to decide whether to keep him in the roster or strike him out.

    The supervisor dealing with him directly fears if the company cuts him off, he might file a suit and make things worse.

    What should the company do? Should it dismiss this person, and stop paying all the benefits?

    Also can it claim the benefits it paid on behalf of him if it fires him?

  • #2
    Obvious stuff first. The employer should have contacted the WC provider the day the injury occured. They should be keeping the WC provider in the loop and listening very carefully to what the WC has to say. As long as all the WC rules are followed to the letter and there is no gross negligence on the part of the employer, then there is a limit to how deep the hole can get.

    The pre-existing condition is an argument. Unless a high level court has already made a decision, it is at best someone's opinion, and it is always easy for the other side to rent an expert with the opposite opinion.

    Regarding paying the benefits, you should have been doing exactly what the law (and your policy) required. No more. No less. The fact that your employer seems to be making this up as they go along would give me pause.

    Hold on for other answers. Some of the responders know more about this then I do.
    Last edited by DAW; 11-16-2012, 10:21 AM.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

    Comment


    • #3
      More information is needed. Was his worker comp claim accepted? Has workers comp been in contact with him? How long did he work for you and how many employees do you have?

      Comment


      • #4
        answers to the questions above

        Yes we have contacted WC as soon as possible. The employee had not informed his injury to anyone; he just didn't show up the next day, and a few days later he reported all of the things above and filed his WC claim.

        He was with the company for about 10 years, and there are less than 30 employees.

        We did contact the WC company about what to do with this person, and they declined to give a definite answer.

        Comment


        • #5
          Ok, let's look at what you presented so far-
          1. Employee receives injury on the job.
          2. Employee apparently does not report it.
          3. Employee has been gone for 3-1/2 months.

          With that said, I'd say he quit.
          I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
          Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
          I also may not have been either sane or sober when I wrote it down.
          Don't worry, be happy.

          http://www.rcfp.org/taping/index.html is a good resource!

          Comment


          • #6
            Was the claim accepted by worker comp? Is it still active? If the claim is closed or if he was released to work, I would consider it a quit.

            I have had a similar situation recently. I sent a letter via certified mail accepting the resignation.Theemployeenever contacted me again.

            Comment


            • #7
              As far as I know the claim is still going on since the worker is asking for an exorbitant sum.

              Comment


              • #8
                If the claim is ongoing, why don't you ask your w/c provider for his home address?

                I am not saying that you can't term him, however I would not base it on the fact that you cannot contact him. Get his home address and then send me a letter either certified mail or via Fedex with a signature required. Tell him you are requiring him to contact you within x amount of days to discuss his status and if he does not you will have no choice but to deem him resigned.

                If he contacts you, ask why he hasn't been in contact with you since the accident. If you don't like his response then term him. If you decide to keep him as an employee, then set clear guidelines on what you expect from him. If you want him to contact you every day or every week, put that in writing to him.

                W/C will not give you advice on terming an employee. They should explain to you how a termination might increase the claim.

                Comment


                • #9
                  I fail to understand how ANYONE can not show up for work for 3-1/2 months, not stay in contact with their employer and still keep their job.
                  I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
                  Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
                  I also may not have been either sane or sober when I wrote it down.
                  Don't worry, be happy.

                  http://www.rcfp.org/taping/index.html is a good resource!

                  Comment

                  Working...
                  X