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I'll Just File Worker's Comp!

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  • I'll Just File Worker's Comp!

    NC - An employee had scheduled a complete knee replacement and told the boss that he would need a leave of six months. When he was informed that the company allowed a max of 6 weeks in a 12 mo. period, he loudly announced that he would call off the surgery and let the knee condition progress until he could file it on worker's comp. The job is sitting at a desk doing data entry. As an employer, what is my next step? File a report from the supervisor that was told this and have any witnesses to sign it......then? Should the worker's comp insurance company be forewarned?

  • #2
    Considering he just announced his intentions to commit insurance fraud in an attempt to circumvent company leave policies, I would have terminated him on the spot. Since that didn't happen in your case, I would terminate him immediately after reading this post. Why do you want this employee to remain on your staff another day?

    You definitely should document the incident and include all witness statements.

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    • #3
      Agreed. It doesn't become WC because the employee let's it go. Filing a knowingly false claim is illegal. Announcing loudly that he intends to do just that is stupid.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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      • #4
        And not that I don't agree with the other responders, because I do. But I was concerned about your statement regarding a maximum 6 weeks of leave. I take it your company isn't big enough to be subject to the Family and Medical Leave Act?
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          I'll Just File Workers Comp!

          Originally posted by Pattymd
          And not that I don't agree with the other responders, because I do. But I was concerned about your statement regarding a maximum 6 weeks of leave. I take it your company isn't big enough to be subject to the Family and Medical Leave Act?
          That is correct - only 10 employees.

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          • #6
            ah, ok, I feel better now.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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