What Are The Pitfalls Of Firing Employees While On Workers Comp Leave?

As employers and HR managers, we all have been suspicious of workplace injuries, especially if there are no witnesses. You can find pitfalls of firing employees while on employees comp leave, the first is your investment in the injured employee. The other pitfall many HR managers and business owners face is the legality of terminating a person who is receiving employees comp benefits.

Indeed labor laws and regulations do condition you can’t threaten to fire an employee if they would like to state a work injury. In the event that you do this, be certain to lose a lawsuit. Many HR business and managers owners watch their experience mods such as a hawk. They don’t want to see their annual workman’s compensation premiums rise.

Keep in mind, however, that a lot of employees comp insurance service providers take a look at two things-the buck amounts paid for a state and the number of claims which have occurred over the last three years. This can help them determine your experience mod and if it goes up, so will your monthly premiums. Still, if you dwell on the experience mod of trying to get the employee back to work instead, this is an enormous pitfall of firing employees while on workers comp leave. Over the years, I have experienced many workman’s comp damage claims-some valid, some not so valid.

As the company and owner of the workers comp policy, you need to talk to the employee and the workers comp case employee to get the employee back again to work. The employer has certain privileges. For example, an employee of mine has been off on employees comp for a few months (back injury).

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