Terminating an employee who is on workers compensation

Under the ADA, an injured employee who develops a disability preventing him or her from performing an activity required at the workplace, such as lifting or walking, may have certain protections against termination. If you have more than 50 employees at your business site, the FMLA requires you to provide up to 12 weeks of unpaid leave to an employee who has a serious health condition and has worked for you for at least 12 months and at least 1, hours during those months.

This is usually because he returned to a lesser paying job or is dissatisfied with the job he was assigned. It is critical that the employer work with the employee to get him to return to work full duty. When an employee is seeking treatment and wants to return to work, having a job to return to will keep him motivated. This will encourage him to continue medical treatments physical therapy, etc. The employee may reach maximum medical improvement MMI meaning his treatment options have been exhausted and his condition will not improve any further allowing him to return to work full duty at the job he had prior to his injury.

The employer is required to make reasonable efforts to accommodate his new work restrictions so that he can perform his job.

The employer would work with their claims specialist to determine if they can let the employee go. The benefits do not terminate with their employment. As a matter of a fact, an individual with restrictions or totally disabled is not employable and therefore unemployment benefits are not available to them.

During the meeting, the representative should share with the employee the claims procedures, the benefits available to the employee and whom to contact for any concerns. Items frequently covered in this discussion include:. Next the organization files the incident report with the company's workers' compensation carrier. Employers should check with their workers' compensation carrier for the available methods to submit the report.

Some carriers prefer electronic submissions, whereas others prefer that employers use a telephone system. Some employers may also be required by state law to submit the report to the state's workers' compensation agency. Employers should check with their workers' compensation carrier because it may file the incident report for employers. Organizations must maintain contact with the workers' compensation carrier on the employee's claim. The employer may need to forward medical documentation to the workers' compensation carrier.

Moreover, the workers' compensation carrier may have documents for the employer to complete. These documents may request information such as the number of lost workdays, the employee's return-to-work status and any salary continuation to determine wage replacement benefits.

The representative next informs the employee that the claim has been submitted and when to expect contact from the workers' compensation carrier regarding wage replacement and medical treatment. The representative should then establish a schedule of regular follow-up on the employee's progress by telephone, mail or e-mail to let the employee know that his or her well-being and return to work are important to the organization.

Establishing a timeline for the employee's return to work is imperative, as is making the determination about potential restrictions that may require accommodation and whether the employer will be able to accommodate the employee's needs. The employer should have a policy in place that includes how leave interacts with workers' compensation.

Returning an employee back to work should be one of the main focuses for the employer, even if it is in a light duty capacity. The employer's policy should be a thoughtful, well-written document that can be administered with care, taking the employee's needs into consideration. Some workers' compensation carriers have resources to assist employers with their return-to-work programs. An employee's return to work may have doctor-directed medical restrictions that may allow the employee to return on restricted or light duty, which is typically less physically and mentally demanding than the employee's normal job.

If the employee is eligible for FMLA leave, he or she can accept the light duty assignment, which will not count toward FMLA leave because the employee has returned to work and is no longer taking leave.

Alternatively, the employee can continue to be out on the available FMLA leave. The employer may not penalize or retaliate against the employee for opting to remain on FMLA leave. However, the employer is allowed to restrict the employee from receiving wage replacement benefits through workers' compensation and short-term disability when the employee opts to take the leave instead of working, based on the doctor-directed medical restrictions. Making temporary accommodations to assist the employee in returning to work after an incident will be advantageous to the employee, making him or her feel connected to the organization and contributing to it.

As for the employer, making the accommodations can help reduce costs by decreasing the need for temporary help and overtime. MMI is the point at which further recovery cannot be expected. However, this does not apply if you were terminated for misconduct. Injured at Work In Florida? Let's Talk. In some cases, your doctor might clear you to return to work but provide you with certain restrictions. What happens if your employer cannot accommodate those restrictions?

Under the Americans with Disabilities Act , your employer is required to make reasonable efforts to comply with your new physical needs. This may involve making accommodations within your current position or even offering you a light-duty position with less vigorous physical requirements.

However, there may be occasions when your employer is unable to provide you with work within your new physical restrictions.