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Q: My injured employee is out of work. Is there anything I need to do while he is out?

A:  YES. There are a number of forms and tasks you should complete.

  • Call the employee regularly to determine his progress and relay that you value his employment.  Statistics show that injured workers are more likely to return to work when they feel they are appreciated.
  • File FormC-240, which can also be downloaded from the Board’s website. This will be used to determine the employee’s average weekly wage (“AWW”) and rate of WC payments.
  • Keep notes and copies of doctors’ notes or medical records in the employee file (but secure from review by other employees and people who are not administering the claim). Forward copies of the doctors’ notes and medical records to your WC insurance carrier.
  • Promptly notify your insurance carrier of any tips that the employee is working, playing sports, bragging about receiving payments for a minor injury, or otherwise engaging in activities inconsistent with his disability.

DISCLAIMER: This article is intended only as general information. It is not legal advice and does not establish an attorney-client relationship. If you need specific legal advice, please contact an attorney to discuss your circumstances.

Nance L. Schick, Esq. is a mediator, and conflict resolution coach based in New York City, where she works with creative professionals, entrepreneurs, human resources professionals, labor managers, risk managers, and executives to generate results beyond the boundaries of their imaginations. She is committed to creating a unified human race by empowering people to have lives they forgot were possible.