When an employee files a workers’ compensation claim, it’s important for employers and supervisors to handle the situation with care and sensitivity. Although it’s understandable that there may be concerns about the impact the claim will have on the company, it’s crucial to remember that employees have a right to a safe and healthy work environment. Unfortunately, some employers may unintentionally say the wrong thing in the aftermath of a workers’ compensation claim, potentially damaging the relationship with the affected employee and even leading to legal trouble.
In this article, we will highlight some common phrases and reactions that employers should avoid when an employee files a workers’ compensation claim. By avoiding these pitfalls and treating employees with respect and empathy, employers can create a more supportive work environment and minimize the risk of future workplace accidents.
Here are 10 phrases an employer should avoid saying to an employee following a work-related injury.
​Although there are occasions when an employee violates a company policy in the act leading to a work-related injury and the consequence may include the possibility of termination of employment, a thorough accident investigation should be completed before you should terminate their employment.
In California, employers who fire or threaten to fire an employee for filing a claim can be penalized, have to increase benefits, reinstate employment, and face misdemeanor charges.
​Questioning the legitimacy of an employee’s claim can cause unnecessary stress and anxiety.
The focus should be on providing support and trusting that the employee is telling the truth, as fault has no bearing on the workers’ compensation claims process, which is a no-fault benefit.
If claims adjusters or employers have questions about the veracity of a new claim, the need for treatment, or any prior claims, investigations or additional medical evaluations can be requested and conducted.
Medical attention should be offered immediately after any accident.
If an employee declines medical attention and elects to return to work, the situation should be closely monitored to ensure that the employee is operating safely and not putting their health or others’ health at risk.
If you believe a claim is questionable, you should notify the insurance carrier.
If the employee thinks you suspect the claim is suspicious, they may hire an attorney, which could end up costing you more.
You can’t keep it off the books.
Workers’ compensation insurance carriers in California must report the cost of all claims for which medical care is provided, even if the employer pays the first-aid claim, and the claim must be reported in the same way as a medical-only claim.
Private health coverage often requires out-of-pocket costs from the patient in the form of deductibles or co-payments, and workers’ compensation medical treatment is subject to specific fee schedules and treatment guidelines that do not apply to private health plans.
The Uninsured Employers Benefit Trust Fund provides a process for injured employees of illegally uninsured employers to pursue benefits, and employers may face penalties and possible shutdown of operations from the Department of Industrial Relations.
© {{CurrentYear}} Alliant Insurance Services, Inc.
CA License No. 0C36861