You may have to make further accommodations, such as additional time off or a transfer, after the employee returns to work following FMLA leave. At that point, you’ll need to provide a reasonable accommodation, which could take the form of an ergonomic workstation, an extra break, a stool or perhaps, in some jurisdictions, even extended leave. And if an underlying impairment substantially limits a major life activity, the employee will likely be considered disabled under the ADAAA. However, health care providers may assign job restrictions to people with workplace injuries. When the condition of an injured employee who is out on leave reaches a point where it cannot get any better (known as “maximum medical improvement”), many employers mistakenly assume that their responsibilities end. If the FMLA doesn’t apply, consider permitting other forms of leave, such as sick or personal time.Īn organization should have a policy requiring employees to be able to perform essential job functions with a reasonable accommodation. Closely evaluate the medical certifications from health care providers regarding time off and make sure an employee’s time out of work conforms with the information in those documents. Ensure that leave is designated properly under the FMLA. But many employers do not take advantage of that. Time off under the FMLA may run concurrently with workers’ compensation leave, thereby limiting the period during which an injured employee is absent from work. Either way, be prepared for the possibility of an OSHA inspection and fines. Failure to do so could include citations of at least $750.Įven in less severe cases, an injured employee may make a complaint to OSHA. For amputations and inpatient hospitalizations, you have 24 hours to report. For deaths, you must do this within eight hours. When certain serious injuries occur, employers will need to inform OSHA. (Keep in mind that interviews and incident reports will likely be discoverable in any subsequent litigation and OSHA investigations.) Develop any necessary countermeasures to protect against future risks. Interview witnesses and create incident reports. Still, you should conduct an internal investigation following the event. The bottom line is that your insurance carrier makes the call on whether an injury is compensable. While state workers’ compensation laws differ, they all share the same basic premise: Employees are entitled to recover benefits if they are hurt or experience an illness in the context of their employment. Consider inviting the fire department and other first responders to your company to become familiar with your facilities. Make sure company procedures comply with Occupational Safety and Health Administration (OSHA) standards, such as those related to handling bloodborne pathogens in a health care setting. To start, you’ll need to determine who will be responsible for transporting a hurt worker to a health care provider and who to notify when an incident occurs. Establish a well-communicated protocol for handling employee injuries and illnesses.
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