ย #HRadvice #WorkersComp #HRhelp
Hey HR pros! ๐ Need your expertise on a tricky Workers Comp case I’m dealing with in NC at a manufacturing company. Here’s the rundown:
– Employee injured neck in 2023, back again in 2024 with no specific incident
– Multiple doctor visits, restrictive restrictions, and ongoing pain complaints
– WC carrier MIA due to site outage, unable to get in touch
– Employee now irate, possibly lawyered up, and refusing to communicate
I’ve sought legal advice, but feeling stuck without support. Any suggestions on how to handle this situation effectively? ๐ค
Possible Solutions:
– Seek alternative legal counsel for guidance
– Document all communication and actions taken
– Consider involving HR consultant for additional support
Let’s brainstorm together! ๐ง ๐ผ #HRadvice #WorkersComp #HRhelp
1. Iโm a little confused. Why isnโt the employee just out on FMLA? Are they being paid currently? Whatโs your medical leave policy?
2. Any recent documented performance issues?
3. You need to fix your WC issues and now. See if your benefits broker has any recs for a new vendor who can ramp up now. IMO Iโve never found a good one, and Iโm in a different industry, so not sure mine would be super relevant to your industry.
4. Did the employee explain why theyโre upset? Because theyโre not being paid?
5. Not coming back to work? So did they resign or leave it vague as to engage in the interactive process?
Your attorney can advise. Workers comp will probably deny the claim, ee can appeal- i am not familiar with OK. Your WC insurer is a train wreck – are they a carrier or a third party platform/ advisor ?
Neck and back pain are incredibly difficult to deal with effectively, but if they are constantly going home due to pain despite you following all their doctor’s instructions, they either need to see another doctor or they need to be on full leave until the issue is resolved. Or they need an actual investigator. Both of these things need to be dealt with by your WC broker, especially in this case because frankly the EE probably needs to be directed to another doctor for a second opinion.
Bottom line, you need to throw all of your time behind finding a “good enough” broker that can take over for your current WC broker. It is not even remotely normal for them to have their “office lines down” for (2-3?) weeks in this day and age. I second Travelers, I only dealt with them for a year but they seemed solid. Gallagher Basset sucked and was an absolute nightmare, but they are big and experienced and they sure as shit won’t ghost you for weeks. In the meantime, listen to legal and continue to comply with the restrictions you have on-file.
From what I understand, in NC, if the โinjuryโ is not attributable to a specific accident, it will be denied. And if the EE is leaving on their own (outside of WC Dr restrictions), then the attendance policy should be applied.
And it sounds like they are going to a Dr of their choosing, but you can dictate which Dr they see.
Any time off for WC can be counted as FMLA.
Start working with your lawyer ASAP
Get all their previous medicines records.
Get an IME, dependent medical exam set up ASAP.