This is one of the most critical subjects you will ever try to understand about Workers Compensation. Yet, it is not a subject that screams out to you at the moment of your possibly fatal mistake; a mistake made all too often if using employer based logic.
Each state requires employers to report all injuries, which is tacitly defined as - every complaint, every whimper, every rumor, every hint, every expression of pain – in other words everything connected with a conveyed or perceived employee comment however timidly it may be expressed at the time. To NOT do so, and regardless of the break down within your organization is to deny the employee their legal rights. Sadly this violation begins at the very moment of awareness by you or anyone within your company. In the end – employers, supervisors and co–workers DO NOT have the right to decide what should be reported when it comes to an injury, and many times an employee complaint is not obvious or clearly defined.
Some states allow for "stress and psychic" claims that have ambiguous dates covering protracted time frames and when they hit trouble is most likely heading your way.
Some states will make you think you can decide to report or pay a claim directly as if it magically inoculates you and your future EXP MOD. And if you are one who loves to gamble on Work Comp maybe you will take the bait even if doing so proves to be a costly mistake down the road. States have been at this game far longer than you and the cards are stacked against you just like in Vegas. In other words, beating the house in Vegas is much like beating the system in Work Comp.
INSURED SOLUTIONS rule is to always – promptly report any injury and/or complaint by an employee, other than a band–aide cut and back to work. Complete the paperwork and submit it as a claim and/or mark it as an IRO (Incident Report Only).
The files outlined over the coming months in this newsletter are to reveal the potentially dangerous mine field for YOU as the employer just in case you like to gamble? In the end, the system is NOT your friend and does not represent your interests thus disliking or disagreeing with the claim reporting mandate is not relevant in the end since the system has the final say, not you or Insured Solutions.
Succeeding over time with Workers Compensation is learning to do the right thing regardless of your current opinion, and the right thing may at times be contrary to your beliefs or wishes.
Carefully review our subsequent Newsletters over the coming months beginning today so YOU can begin to protect your back pocket when it comes to controlling claim costs.
If you have questions please call our Risk Manager to discuss them. Do not guess or underestimate the problems that can easily arise from a mistaken belief, which when wrong…means we both lose in the end.