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HUGEHomePros's avatar
HUGEHomePros
Jobber Ambassador
22 days ago

What Do You Do To Minimize Workers Comp Claim Exposure?

I had an employee that was with me for maybe 5 weeks that I was going to let go (wasn't meshing well with the team, not very coachable) and then he "pulled his back" on a job site picking something up incorrectly. He even said he went to pick up a heavy object sideways and with one arm. He's been on workers comp 10 months and between treatment and his compensation, the claim is over $100k! My company is in California so we probably have the least favorable laws for companies. 

My insurance guy said we did everything right. Sent him to a facility right away to be evaluated, called workers comp. Since then we have implemented a "buddy lifting" training. My insurance guy also told me that even if we documented that he has a history of doing things incorrectly, that he would still be in the workers comp system. 

So my question to you guys - what measures do you take to prevent something like this from happening? Do you have regular safety meetings? Trainings? What do those look like?

7 Replies

  • Mmill93's avatar
    Mmill93
    Contributor 2

    One thing you can do is just completely do away with workers comp and make all your employees their own boss essentially they can carry their own liability insurance you can even pay for it for the year for them. Then technically they’re their own company you 1099 them, they can pay their own taxes get right offs etc. you can still treat them like employees and do all the good stuff work parties trips etc. bonuses. But workers comp is just ridiculous you save the money pay a few bucks for the guys insurance but it’s a little loop hole I learned from an older guy in the industry 

    • merryhvac's avatar
      merryhvac
      Contributor 2

      Mmill93, going this route of eliminating worker's comp, how do satisfy that this is a mandatory requirement by some clients, particularly governmental agencies, bank and municipalities?

      • Mmill93's avatar
        Mmill93
        Contributor 2

        If you’re a subcontractor that has no employees, some states allow them to provide a workers comp exemption or waiver, but requirements vary by state and by contract. But also if you’re on one of them job and each contractor or sub is carry their own you eliminate the false claims of guys getting hurt on the job. 

  • That's the only bad part is there are people out there that will get jobs and they play with the system so to speak so the small businesses are the ones who suffer. I would talk to a lawyer and just ask what the laws are regarding this considering he admitted to doing it wrong. 

  • I also think during their initial training you should have a safety training attached to it whether it's a video they have to watch or you walk them through step by step of how to lift things what to do if something happens the buddy system etc

  • Brand's avatar
    Brand
    Contributor 4

    I still got stung too but it's a matter of reducing risk, not eliminating it. 

    #1 document, train, and get signatures with tests for training and exercising safe practices. Have clear terms for termination in the employee handbook and "egregeous offenses" violating safety protocol results in immediate termination at management's discretion. I'm not sure if that is enough to get out of a WC claim but it's a start. 
    #2 Be consistent with these trainings, with write ups, with documentation and have them initial these write ups as clear violations of policy.
    #3 It may be offensive to hear but, you may need to hire better candidates. Doesn't mean they aren't nice people, but my ideal candidate hates sitting at home and can't afford reduced pay through WC.

    You even have to add to your contracts so clients don't take advantage of you too.