Uninsured

If you find yourself having four or more employees, and no workers compensation coverage at the time of a workplace accident, here are six tips:

Document the workplace accident or injury by taking photographs of the scene of the accident, equipment/object involved, and resulting injuries. Some accidents may not seem serious or may seem unrelated to work, but it is always best to have more documentation of the alleged incident to be used later.
Have the employee prepare a written statement of the accident as close in time to the accident as possible and to ensure it is signed and dated by them, to include the specific details of the accident and body parts they alleged to have injured. In addition to the employee statement, have any other employees/witnesses also complete a report.
If you are unsure of your obligations to provide medical care, contact a workers' compensation defense firm and provide the details of the incident. Even if the injured worker has not yet retained counsel, it will make the process smoother if you have legal advice early on and prevent missteps along the way to ensure the injured worker is provided what they are entitled to. Each workplace accident is unique and may be handled differently. If your company is aware they should have had coverage at the time of the accident, send the injured worker to a clinic and continue their wages if possible.
Try to keep conversations with the employee over email and text instead of only over the phone or in person to have as much documentation as possible. Put together a packet with all payroll records of the employee for the thirteen weeks immediately preceding the accident (not to include the accident date), his/her employment application, all communications with the employee immediately following the accident as well as medical records received from the injured worker.
If you have sub-contractors, ensure all have their own workers compensation policies in effect to avoid liability (certificate of liability insurance, the information page, screen print from division of w/c proof of coverage database)
Try to keep a cordial relationship with the inured employee. If there was a known injury – stay in contact with the employee to see how they are doing, bring them back to work if possible, to limit exposure. If the injured employee feels they are being cared for following an injury, they are less likely to retaliate and seek counsel. If the accident and any resulting injury is not taken seriously and an employee is pressured to go back to work too quickly, they may feel unappreciated and overlooked.

Alexandra Duryea is a Practice Group Partner at Kelley Kronenberg where she assists in handling matters related to Workers' Compensation defense.

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