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How can we protect ourselves? We’re worried aging employee will hurt himself

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Q. One of our employees is over age 70 and has recently had memory problems and a car wreck. What (if anything) can we do to protect ourselves from potential workers' comp claims should he injure himself?

A.
You need to be careful about making any decision based on assumptions about his age. You also have to refrain from taking any action based on a concern that the employee might have a workers' comp claim down the road.

You should examine whether his health issues are affecting his ability to do his job. If so, you can have a discussion with him about where he is falling short. If you have a reasonable basis to believe he is medically impaired, you can ask him to provide information from his doctor certifying whether he is able to perform his job.

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