Employers naturally want to reduce their workers’ compensation claims—it means lower insurance costs, less lost time and higher productivity. But be careful how you frame the issue. Don’t discourage legitimate claims or retaliate against those who file claims.
When speaking with workers or training them, couch the discussion in terms of working safely rather than reducing workers’ comp claims. When you do talk about recent claims, focus on accident prevention and lessons learned.
On the other hand, it’s perfectly OK to discourage false claims—after all, such claims can be a substantial drag on company profitability.
Recent case: James Killis worked as a knight in shining armor for a Chicago-area Medieval Times dinner restaurant and show. He filed a series of workers’ compensation claims for show injuries. Then he got a negative evaluation.
Shortly after,held a meeting with its knights and squires, discouraging false workers’ compensation claims. Then Killis filed another claim. His performance continued to decline and eventually he was fired.
Killis sued, alleging retaliation for filing the last claim. But the court tossed out his claim. It said that because hispredated the claim, there was no causal link between the claim and the evaluations. Plus, simply discussing false claims wasn’t proof the company intended to retaliate against employees who filed legitimate workers’ compensation claims. (Killis v. Medieval Knights, LLC, No. 04-C-6297, ND IL, 2007)
Final note: When discussing false claims, be careful that you don’t directly accuse an employee of making such claims. If it turns out you are wrong, your accusations may be defamation under Illinois law.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/4186/focus-on-safety-not-reducing-claims-when-discussing-workers-comp "
- When deciding on employee discipline, you don't have to be absolutely right--just fair
- Execute effectiveness: 5 tips for setting SMART goals
- When creating job descriptions, focus on 'essential functions' employees really perform
- Irony: Houston Buick dealer faces age bias suit
- Career audits: Does the job work for you?