it is a week later and now she tells me about it. In my employee handbook I have in large BOLD font that any accident not reported the same day we will not be held liable. We have to do drug screening before any medical care is given (unless life threatening) . What should I do? I sent her to see a physican in our WC network. Was that okay or is that bad? Do I have to file a claim? Thanks for your help.
2007-12-04 10:39:24 · 5 answers · asked by question asker 4 in Business & Finance ➔ Insurance
where can I get a better understanding of laws? Why can't employees follow rules? I hate employees. They're so much trouble! That's all I get from them is trouble. I am so sick of dealing with worthless people. People who make up lies because they don't like their schedule or job description. UGH!
2007-12-04 11:24:38 · update #1
I sent the employee to the doctor and they found nothing but the employee insists that she can't work because her back hurts. The doctor cleared her and said she can do her regular job. If she refuses to the do the job the doctor cleared her for what do I do? She has to work or quit. Worthless cow.
2007-12-04 13:50:22 · update #2
I suggest you file the claim, by filing the claim you might be able to protect your self from penalties if your employee sues you. Have the adjuster do a Independent medical exam (IME) and perhaps a interview with the employee to find out what happened and all that.
I keep all the medical records that the employee gives you as records. In some states the employee can't just leave work with out any kind written statement from a doctor. If there are work restrictions like she can't lift over 10 lbs offer her in writing that you can accommodate for the restrictions, and see if her doctor will approve this. Make sure the medical records you have are given to your adjuster.
Unfortunately you are responsible for the accident if it did happen at work. Some states will find the company liable for the injury that occurred at work. The only thing you can do is a drug test, if that person fails you the adjuster can deny this claim, if the law allows it. You can't fire the person for getting hurt at work, you'll be subject to big penalties. You can write that employee up for a company violation. I see this alot.
Bottom line, submit this to you insurance company talk with the adjuster and let them sort all this out. Keep an eye on that employee. That employee will go to their doctor to get that off work slip.
2007-12-05 14:10:18 · answer #1 · answered by A decent answer 5 · 0⤊ 0⤋
Sending her to a WC doctor is good.
If it was serious, she would have told you right away. Evidently , she wants some paid time off. But by sending her to a dr, you have a qualified medical practicioner.( translation: "Doctor.") who has the extent of her "injury" documented."
Yes, you still have to file a claim, but once you hand it over to the comp carrier, you're out of the middle. You may have to pay for the dr's visit, but that is a small price to pay for protection against an invalid claim.
2007-12-06 03:11:46 · answer #2 · answered by TedEx 7 · 0⤊ 0⤋
You report the injury to your comp carrier, and let them handle it. Yes, you have to file the claim.
You can't "opt out" of workers comp laws by bold statements in your employee handbook.
2007-12-04 19:05:12 · answer #3 · answered by Anonymous 7 · 1⤊ 1⤋
That sign doesn't waive your liability away. In most states your employee has up to one year to report a workers comp claim. Take care of your employee.
2007-12-04 20:19:00 · answer #4 · answered by JR 2 · 0⤊ 1⤋
I would talk to your workmen's compensation insurance co. and your lawyer. They could advise you. You may not be liable if she didn't report it when she was supposed to and doesn't have any witnesses. I would strongly advise you talk to a lawyer.
2007-12-04 18:46:46 · answer #5 · answered by stargal0719 2 · 1⤊ 1⤋