What Should an Employer Do When an Employee Gets Hurt at Work?
A Practical Guide to Workers’ Compensation, Employee Leave and Medical Claims
Quick Answer
When an employee is injured at work, take care of the employee’s immediate medical needs first. Then document the incident, notify your workers’ compensation carrier promptly, and determine whether FMLA, ADA, PTO, disability benefits, or other leave requirements may also apply. Employers should maintain appropriate communication with the employee, carefully track work restrictions and leave, and consider modified duty when appropriate.
An employee injury can happen in any workplace, not just on a construction site or in a manufacturing facility. A slip in the office, lifting injury, vehicle accident, or repetitive strain may all result in a workers’ compensation claim.
How an employer responds during the first hours and days following an injury can affect the employee’s recovery, workplace morale, and how smoothly the claim and employee’s absence are managed.
What Should I Do Immediately After an Employee Is Injured?
The first priority is always the employee’s health and safety.
Arrange appropriate medical care and call emergency services when necessary. Employers should also address any immediate workplace hazard that could put another employee at risk.
Once the employee is safe:
- Document the date, time, and location of the incident.
- Identify any witnesses.
- Record a factual description of what happened.
- Have the employee complete an incident report as soon as reasonably possible.
- Notify your workers’ compensation carrier promptly and follow its claim-reporting procedures.
Medical treatment should never be delayed while waiting for paperwork.
When reporting the injury, stick to the facts. Employers should avoid making promises about workers’ compensation coverage or making their own determination about whether a claim is compensable.
Can Workers’ Compensation and FMLA Apply at the Same Time?
Yes. Workers’ compensation and job-protected leave are separate, but they may apply at the same time.
If your organization is covered by the Family and Medical Leave Act (FMLA) and the employee is eligible, a workplace injury that meets the applicable requirements may also qualify for FMLA leave.
Depending on the circumstances, an employer may need to provide required notices and determine whether the employee’s absence should be designated as FMLA leave while the employee is receiving workers’ compensation benefits.
Other laws, policies, or benefits may also need to be considered, including:
- State leave laws
- Paid sick leave
- PTO
- Short-term disability
- Americans with Disabilities Act (ADA) requirements
These should be coordinated rather than treating the workers’ compensation claim and the employee’s absence as completely separate processes.
How Should I Communicate With an Employee Who Is Off Work Because of an Injury?
Stay in appropriate contact with the employee throughout the absence.
Communication should be supportive, consistent, and focused on the information needed to manage the employee’s leave and return to work.
This may include:
- Current work restrictions
- Anticipated return-to-work dates
- Changes in the employee’s work status
- Required documentation
Avoid requesting medical information that is unrelated to the employee’s work status or the employer’s responsibilities.
Medical documentation should also be handled confidentially and maintained separately from the employee’s regular personnel file.
Can an Injured Employee Return to Work on Modified Duty?
In some situations, temporary modified duty can help an employee safely return to work while remaining connected to the workplace.
Any modified-duty assignment should be meaningful, clearly defined, and consistent with the restrictions provided by the employee’s healthcare provider.
Employers should not ask an employee to perform work that falls outside those restrictions.
If the employee is unable to perform the essential functions of the position after workers’ compensation or FMLA leave ends, additional considerations may apply, including whether the ADA interactive process is appropriate before an employment decision is made.
How Can HR Help With a Workers’ Compensation Claim?
Managing a workplace injury can quickly become complicated because workers’ compensation may be only one piece of the situation.
HR can serve as a central point of coordination among the:
- Employee
- Supervisor
- Workers’ compensation insurance carrier
- Medical provider
- Payroll team
- Legal counsel
HR can help make sure the injury is reported promptly, required processes are followed, leave is initiated and tracked, medical information is handled appropriately, and work restrictions are communicated and followed.
HR can also maintain appropriate communication with the employee, evaluate modified-duty opportunities, monitor important deadlines, and guide managers on what they should and should not say.
When workers’ compensation, FMLA, ADA, PTO, disability benefits, and other requirements overlap, having someone coordinating the process can help the employer make more consistent decisions and reduce HR and compliance risks.
You Don’t Have to Manage an Employee Injury Alone
A workplace injury can create a lot of questions very quickly:
- Who needs to be notified?
- What paperwork do we need?
- Does FMLA apply? How often should we contact the employee?
- Can we offer modified duty?
- What happens if the employee can’t return to their regular job?
A timely, organized, and compassionate response can support the employee while helping the employer properly manage the claim and workplace responsibilities.
HR Excellence Consulting, located in Des Moines, Iowa, helps small businesses in Iowa and across the country manage workers’ compensation, employee leave, return-to-work situations, and the HR responsibilities that can accompany an employee injury.
Having HR involved from the beginning can make a difficult situation easier to manage for everyone.
Frequently Asked Questions
What should I do first when an employee gets hurt at work?
Take care of the employee’s immediate health and safety needs first. Arrange appropriate medical treatment or emergency care when necessary. Once the employee is safe, document what happened and promptly notify your workers’ compensation carrier according to its reporting procedures.
Can an employee be on workers’ compensation and FMLA at the same time?
Yes, in some situations. If the employer is covered by FMLA, the employee is eligible, and the workplace injury meets FMLA requirements, workers’ compensation and FMLA may run at the same time. Employers should evaluate each situation individually and provide any required notices.
Title or QuesCan an employee return to work with medical restrictions?tion
Potentially. An employer may be able to provide temporary modified duty that is consistent with the employee’s healthcare provider restrictions. The work should be clearly defined, meaningful, and stay within those restrictions.
What if an employee cannot return to their regular job after workers’ compensation or FMLA leave?
The employer should avoid automatically assuming that employment must end. Depending on the circumstances, additional obligations may apply, including considering whether the ADA interactive process and a reasonable accommodation are appropriate. This is an area where HR and, when needed, employment counsel can help the employer determine the appropriate next steps. .
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