Best Practices for Investigating Whether Your Employee Was Hurt at Work

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When it comes to workplace injuries, many states provide specific guidance for reporting injuries by both employees and employers. As an employer, you must remember that to properly manage a workers’ compensation claim, you should report the injury as soon as your employee notifies you that it occurred and immediately start your investigation, especially if you have any reason to question whether a workplace injury actually occurred.

Duty to Report by Employer and Employee

Under West Virginia law, for example, every employee who sustains a workplace injury must immediately, or as soon as practicable, notify her employer of her injury. State regulations also provide that immediately after sustaining an occupational injury, an employee should:

  • Seek any necessary medical care;
  • Provide her employer written notice of the injury’s occurrence; and
  • File a workers’ comp claim.

To be considered “immediate,” notice must be given within 2 working days of the injury. An employee’s failure to immediately give his employer notice of the injury will weigh against a finding of compensability based on the “preponderance of the evidence” standard and will dilute the employee’s credibility and reliability. You can implement a personnel policy requiring employees to immediately report any workplace injury.

It’s also the duty of every employer to report every injury sustained by anyone in its employ on the appropriate forms provided by its private workers’ comp carrier or claims manager (i.e., the employer’s report of injury). Read more here…

Source: HR Daily Advisor

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