The Family and Medical Leave Act (FMLA), the Americans with Disabilities Act Amendments Act, and state workers’ compensation regulations may seem like the Bermuda Triangle of workplace rules when an employee is hurt at work. That is not to mention the requirements for occupational safety and health standards.
It’s true that there are a lot of problems to solve. Does workers’ compensation cover this? Which kind of leaves is suitable? What if the worker is unable to report to work again? Did the accident bring up larger safety issues?
While no two cases are the same, there are some actions you may do if you are hurt at work and find yourself trapped in uncharted territory.
PLAN FOR MEDICAL CARE
Have a clear procedure for managing staff 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 event happens. Verify that firm policies adhere to Occupational Safety and Health Administration (OSHA) regulations, including those pertaining to managing bloodborne infections in a healthcare environment. Think about inviting the fire department and other emergency personnel to your business so they may get acquainted with your premises.
INVESTIGATE THE INCIDENT
Irrespective of variations in state workers’ compensation laws, all of them are based on the same fundamental tenet: Workers are qualified to receive benefits if they are harmed or get ill while doing work-related duties. The bottom line is that the insurance company determines if the claim is recoverable.
However, an internal investigation should be conducted after the incident. Interview witnesses and prepare incident reports. Take necessary measures to protect against future risks. (Remember, interviews and incident reports are likely to be found in later lawsuits and her OSHA investigation.)
Employers will need to notify OSHA when specific significant injuries occur. You must take these actions within eight hours after death. You have 24 hours for inpatient admissions and record amputations. If you don’t do so it could result in citations of at least $750.
An injured worker may file a complaint with OSHA even in less serious circumstances. In any case, be ready for an OSHA inspection and potential penalties.
EVALUATE LEAVE POSSIBILITIES
The amount of time an injured worker is away from work can be reduced by taking FMLA time off concurrently with workers’ compensation leave. But, a lot of employers do not benefit from it. Don’t commit that error. Make sure that the appropriate FMLA leave is assigned. Examine medical certificates from healthcare providers carefully, and ensure that any time an employee takes off from work is consistent with the details in those documents.
Consider allowing alternative types of leave, like sick or personal time, if the FMLA isn’t applicable.
Use all of your resources, including the case nurses and business physicians, when an injury happens. Acquire 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.
If your employee is injured at the workplace visit Specialty Care Clinics. We offer quality treatment and give workers compensation.