4 Tips for Handling Workers’ Comp Claims Brought By Former Employees

Yesterday, we looked at some of the rules for workers’ comp claims brought by former employees. Today, 4 tips for successfully handling these types of claims—plus a valuable workers’ comp desk reference specifically for California employers like you.

4 Tips for Handling Workers’ Compensation Claims Made by Terminated Employees

1. Keep accurate records.

Terminated or laid-off employees can file workers’ comp claims up to one year from the date the employee has knowledge of the injury or illness.

Over the course of a year, those who saw the accident may not recall the specifics, and relevant documents may be harder to find. The more accurate your records, the better you will be able to immediately address the workers’ comp claim from the laid-off employee.

2. Act immediately.

As with all other workers’ comp clams, act immediately once you receive notice that a former employee is seeking workers’ comp benefits. The longer you take to provide the carrier with the necessary information, the longer it will take for the issue to be resolved.

Your complete reference guide to workers’ comp in California—find out more!

3. Stay on top of your notice and posting requirements.

Employers that can show they gave their employees proper and timely notices about workers’ comp claims will be able to rely on these responsible actions as a potential defense to a workers’ comp claim from a former employee.

If a former employee delays filing his or her claim for more than a year, the employer and carrier are entitled to deny the claim, provided the employer properly notified the employee of his or her workers’ comp rights and obligations while he or she was still employed.

4. Watch out for fraud.

Workers’ comp claims made by terminated or laid-off employees are a breeding ground for fraudulent conduct. Questions often abound as to why the employee delayed in filing his or her claim.

Be sure to review the claim thoroughly, and gather all relevant documents necessary for the claims administrator to properly administer the claim as quickly as possible.

Because the employee has the responsibility of explaining the reason for the delay, consult with your claims administrator to make sure the employee’s claim falls within one of the statutory exceptions established by the Labor Code.

Master the California Workers’ Comp Rules
Workers’ comp is one of the few areas of employment law that are almost entirely governed at the state level. And it’s complicated, to say the least:

• What qualifies as a covered injury or illness?
• Should you self-insure?
• Who’s entitled to workers’ comp benefits?
• What do you need to know about the State Compensation Insurance Fund (SCIF)?
• How are premiums calculated—and how can you keep yours as low as possible?
• What should be included in your Injury & Illness Prevention Program (IIPP)?
• What workers’ comp notices must you distribute to employees—and when?
• How do you properly calculate benefits for injured employees?
• What should your return-to-work program look like?
• How does workers’ comp interact with other state and federal leave laws, including FMLA/CFRA and ADA/FEHA?
• What can you do to reduce the risk of workers’ comp disputes—and fraud?
• How should you respond to a workers’ comp-related lawsuit?

Fortunately, answers to all of these questions and more are covered in depth in our comprehensive HR Management & Compliance Report, Workers’ Compensation in California: A Complete Guide for California Employers.

This exclusive report includes everything you need to know for successful management of your company’s workers’ comp program. Order your copy today—your satisfaction is 100% guaranteed.

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