The Family and Medical Leave Act (FMLA), the Americans with Disabilities Act Amendments Act (ADAAA), and state workers’ compensation laws may seem like the Bermuda Triangle of workplace legislation when an employee is hurt at work. Not to mention requirements for occupational safety and health.
It’s true that there are a lot of problems to solve. Does workers’ compensation cover this? Which kind of leaves are suitable? What if the worker is unable to report to work again? Does the accident bring up larger safety issues?
According to The Walthew Law Firm, while no two cases are the same, there are some actions you can take if you get hurt at work and find yourself trapped in uncharted territory.
Be concerned about medical care
Establish a clear procedure for managing employee sickness and injuries. You must first decide who will be in charge of getting an injured worker to a doctor and who has to be notified when an incident happens. Verify that firm policies adhere to Occupational Safety and Health Administration (OSHA) requirements, including those pertaining to handling bloodborne infections in a healthcare environment.
Make a thorough investigation of the accident
Despite the variations in state workers’ compensation laws, all of them are based on the same fundamental tenet: Employees are qualified to receive benefits if they are harmed or get ill while doing work-related duties. The decision about whether an injury is compensable is ultimately made by your insurance provider.
Nevertheless, you ought to look into the incident internally once it happens. Interview witnesses and compile reports on the occurrence.
Inform OSHA about the injury
Employers are required to notify OSHA when specific serious injuries occur. You must take these actions within eight hours of a death. You have 24 hours to record amputations and inpatient admissions. If you don’t, you risk receiving at least $750 in fines.
An injured worker may file a complaint with OSHA even in less serious circumstances. In either case, be ready for an OSHA inspection and potential penalties.
Scrutinize and educate yourself on policies
The majority of wounded workers assist in efforts to resume work. Only a small minority of persons either do not want to return or want to profit financially from their injury.
Nevertheless, you should be ready for the worst. Take a close look at your current policies. Are they too ambiguous? Are they abuse-friendly? Job descriptions—are they current?
Utilize all of your resources, including the case nurses and business doctors, when an injury happens. Obtain more information on health. If a person’s leave schedule significantly deviates from the recommendations of the treating physician, consider applying for recertification under the FMLA.
Even though workplace diseases and accidents cannot be predicted, when regulations are in place ahead of time, they can be handled more easily. Naturally, your strategy will need to be adjusted depending on the circumstances, but having a strong foundation in place can enable someone to return to work safely while avoiding lawsuits and a muddy legal journey.