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The Purpose of the Workman's Compensatory System



The 3 most costly mistakes with problem employees. Separation notice help.

 

 

Whether you are firing your problem employee or laying off workers because of downsizing, you must give each worker a formal separation notice. It is a crucial part of the termination process. And while every termination is different, all separation notices should follow a similar format. This is not to say you do not have to tailor each separation notice, you do. But you can use a basic template and change it depending on your circumstances.

What a Separation Notice should contain

First, a separation notice should have basic employee information. You should include the employee's name and social security number. Then list the dates the employee started work and date last worked and the reason that they were separated from employment. Be careful when giving reasons for termination. Get rid of any discriminatory language or unprofessional wording.

You must make sure your employee clearly understands the reasons for the separation. Also you must have documented evidence to support those reasons. If you have collected this information properly, the employee will not be surprised by his or her current predicament. Finally there should be an area for both you and the employee to sign off on the separation notice. This gives you legal evidence the employee knew why you were letting him or her go.

Needing to separate an employee from your company? This is how I terminate.

 

 
 
 
 
 
 
The Purpose of the Workman's Compensatory System

Workman's Comp is a benefit system that was established decades ago to safeguard workers in the event they became hurt on the job. Fundamentally, the system works like this: when a worker becomes injured, rather than sue their employer (which around the turn of the century was the only option available to an injured worker), an employee can file a claim that provides for the following:

1. Protection of the worker's job (an employer cannot fire an employee simply because they are injured)

2. Continuation of the worker's pay while the worker is injured.

3. Payment of medical expenses (usually including the cost of emergency care, necessary surgery, and rehabilitative services).

Workman's comp essentially relies on the concept of employer liability for job injuries and work related illness but with no fault. In other words, the way the workman's comp system is setup (regardless of the state in which a worker lives), the benefits flow in two ways.

On the one hand, an employer will provide an injured or sick worker certain benefits that are normally covered under workers comp (which normally includes medical care, payment of a certain percentage of a worker's wages, and, in many cases, the continuation of certain benefits); on the other hand, the employer will not normally face litigation for work related injuries or illness.

In many unfortunate situations where a workplace accident or injury has occurred, workman's comp can ideally provide an injured worker with necessary medical care and replacement income during the time for which the worker is unable to work. However, not all situations are ideal. In such instances, a worker may have difficulty with an employer or the employer's insurance carrier (for all intents and purposes, the two entities are, in a workman's comp claim, one and the same). And the rational for this is, sadly enough, fairly clear. Each time an employer's insurance carrier is forced to "payout" on a claim, the cost of the employer's insurance premium rises. In other words, the interests of the employer and the injured worker are sometimes, if
not often, at odds.

What should you do when you've been injured on the job and learned that your workman's comp insurance is reluctant to pay? Get a consultation with an attorney who specializes in this type of labor law. Because when an insurance company's financial interests are in opposition to your own, it makes perfect sense to be fully armed, in a legal sense.


About the author:
The author of this article is Timothy Moore, who, in addition to being a former food stamp caseworker, medicaid caseworker and AFDC caseworker, is a former disability claims examiner. He publishes information at Social Security Disability Tips and Secrets which features a helpful and informative Social Security Disability faq


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Needing to separate an employee from your company? This is how I terminate.


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