[geoffthegiraffe]

I have a driver who has claimed a work comp injury 3 weeks ago that got denied, and is now claiming a seperate injury this week which also looks like it will be denied. My question is: who can we cut ties with this individual legally? The only thing I can come up with is to send him for a DOT physical to make sure that he is physically qualified to drive a truck. Is that even legal? Any help would be appreciated. We are based in WI, and the driver has refused health insurance if that helps at all.

[aaron]

You have to be careful during the period preceding denial - you can't terminate an employee, after all, for making a valid workers' compensation claim. Depending upon the nature of employment, union issues, internal policies, etc., it makes sense to start building an appropriate file documenting any problems with the employee, warnings issued, etc. You may wish to consult with an employer-side labor lawyer in your state about these issues, generally, such that you can set up a good system for disciplining and terminating employees which minimizes the risk of litigation.

[geoffthegiraffe]

What about if the claim is denied due to this being a pre-existing? That would be 2 times within the past month that this has happened. Currently we have him on light duty, would we need to continue that if the claim was denied?

[aaron]

He may nonetheless have rights under the ADA. If you need specific advice about this specific employee, you should consult with your company's lawyer.