Employee faking injury to get worker's comp

[Axxlrod]

I opened a new wash about 6 weeks ago, and one of the employees I hired turned out to be a loser. He is late often, doesn't listen to direction well, complains about everything, and neglected to mention to me that he is in trouble with the law, and will probably be going to jail soon. He has mentioned to another employee more than once, that before he is forced to stop working here, he is going to get hurt and sit on his butt and collect workers comp.

I have been planning on firing him, but wanted to wait until I hired someone to replace him first. I cut this loser's hours back, and he got angry. Not 5 minutes after his outburst about less hours, he suddenly says he "really" hurt his knee. He said he twisted it when prepping a car. He hasn't asked to see a doctor, and I haven't force him to. He limps around like his leg is about to fall off, and winces and moans to make a big deal about it. He has called in the last two days and said he is in too much pain to work.

I'm concerned if I fire him now, he will say that I was retaliating against him. I don't want to see my workers comp insurance rates go up due to a false claim.

Any recs on how to proceed?

 

[jfmoran]

Don't Ignore the Problem

You need to document the "injury" and submit it to your work comp carrier ASAP. Get them involved and let them handle forcing him to go to a doctor to get examined. An employee must be out of a work for at least 7 days before they can receive any compensation. Don't let this go. I have dealt with scum bags lie this before and it can cost you if you don't get on top of it.

 

[Kevin Reilly]

axxlrod,
I hate to pour salt in your wound but in my opinion you should have kicked his A$$ out of there right away. When you have a problem like this you need to address it immediately even if you have to hand deliver him off the property.

Do what jfmoran has said. Work comp (at least in California) is getting a little tougher on crap like this.

Keep us posted.

 

[MEP001]

Will the employee who was told that he'd fake an injury say so in court for you? If so, fire the loser now. I'm pretty sure that his refusal to go to a doctor would also help your case.

 

[bigleo48]

Axxelrod,

You start your employees on a probationary period. If it doesn't work out you fire or extend the probation.

I know it's hard getting employees, but a good interview and background check would have flushed this guy out.

Sorry to be so hard on you...but at the very least, you're learning a lesson in HR.

BigLeo

 

[Sequoia]

My response would be to tell the employee not to report to work for any more shifts until he had been seen by a doctor and cleared to come back to work. After all, you are the employer charged with protecting the safety of your employees, and if someone is limping visibly they could have an injury that could be badly aggravated-- requiring a doctor's approval before returning.

fyi, many employers are doing away with probationary periods. Maybe it's a little nutty, but there is belief among many that having an employee successfully complete a probationary period somewhat implies more rights to the job or job security than if no such program exists.

Bottom line, it's good business to weed out problem employees regardless of the length of their tenture. Often easier said than done.

 

[Axxlrod]

Thank you all for the advice. I notified my worker's comp ins co this morning; I will let them sort this whole thing out. The employee has now stopped answering his phone and hasn't shown for work in 2 days. Will let you know how it turns out. This has taught me several things about how to hire, train and handle employees and injuries.

 

[soapy]

If you are member of the WCA we have a law firm on retainer for this type of thing. The initial consultation is free and they can give you the correct legal advise for this situation.

 

[Earl Weiss]

Depending on how peeved you are, you can always hire a P.I. with a camcorder to film the guy in public places. Might be good to see how his tennis game is doing.

 

[JMMUSTANG]

It would be interesting to see how his limp improves when he has to go to jail.

 

[rph9168]

I like the way Earl thinks. It would be worth the money to have evidence like that if you needed it.

 

[BayWatch]

An employee handbook goes a long ways. It should clearly state the probationary period, work related injury procedures, and not reporting to work consequences. This would have solved all of your worries up front. At the end of the handbook should be an acknowledgement page that the employee signs. GET IT IN WRITING!!

 

[Earl Weiss]

If you go th employee handbook route you may want to consult with an attorney. Here, it is important to include a discalimer "This Handbook does not constitute a contract of employemnt and is subject to change art any time. "

 

[kempape]

anyone know where can get carwash oriented handbook(which possibly can be customized ,etc.....

 

[Red Baron]

I know this guy named Guido from Philly...

I now have 10 cameras to cover my 3/1 - I'd make sure every square inch of your property is covered by one.

 

[motefam]

One solution with guys like that is to tell him that you require that he takes a drug test if he files an injury report -- that usually puts the issue to rest.

 

[MEP001]

One solution with guys like that is to tell him that you require that he takes a drug test if he files an injury report -- that usually puts the issue to rest.

Better yet, require a drug test upon hiring, and include one to be required randomly and if any on-the-job injuries occur.