In this webinar recap, we summarize the strategies our panel shared for handling difficult workers’ compensation claims and how to manage situations without inadvertently creating animosity.
Handling workers’ compensation claims can be challenging for employers, often creating significant stress and tension between them and their employees. The anticipation of a potential claim can strain relationships as employees may feel uncertain about their job security and employers may worry about increased costs and liability.
If workers’ compensation claims are not managed correctly, they can lead to lengthy and costly legal battles. The emotional toll on both parties can cause an unhealthy work environment and set a precedent for other employees. This makes it essential for employers to develop clear communication strategies and proactive internal policies to address potential claims effectively.
Shannon Hilding, Director of Property and Casualty at The Miller Group sat down with Attorney Mitchell Wood from Halbrook Wood Law, and Aaron Paris, Director of Safety at The Miller Group.
The group discussed workers’ compensation claims and their interplay with retaliation lawsuits, best practices for documentation, investigating suspicious claims, managing treatment and recovery, and implementing a return-to-work program.
Here are some key takeaways from the discussion:
A workers’ compensation claim is submitted by employees seeking compensation for job-related injuries or illnesses, covering medical expenses and lost wages.
In contrast, a retaliation claim occurs when an employee believes they were unfairly punished for filing a workers’ compensation claim. It’s important for employers to know the differences to protect themselves and their employees while ensuring workers can seek necessary help without fear of retribution.
Workers’ compensation claims get especially tricky when they involve an under-performing employee. To help protect yourself from retaliation lawsuits, you must have proper documentation outlining how the employee has performed, and the processes and procedures employees are expected to follow. Everything from yearly employee reviews, internal policies, and return-to-work programs, should be documented. These can serve as evidence in the case of any legal disputes. Working closely with an employment law attorney to build, implement, and review your internal policies and procedures is highly recommended.
Depending on the nature of the injury, a company’s safety professional may need to investigate its cause to prevent future accidents. This process can include reviewing surveillance footage and interviewing witnesses.
Employers should work closely with medical providers to develop a return-to-work plan that aligns with the employee’s recovery process, if possible. Regular communication is essential to ensure that the program remains effective and that necessary adjustments are made promptly.
When an employee feels supported and valued while recovering from an injury, it can increase their chances of successfully returning to the workplace. Clear communication, training, and encouragement can help alleviate tension and promote collaboration among employees and employers.
Watch the full discussion for valuable tips for handling workers’ compensation claims during difficult cases.
This content is not intended to serve as legal advice for individual fact-specific legal cases or as a legal basis for your employment practices.
