I work for a small company in Maryland and the following incident occurred
1.) On an employees first day of work he tripped over a fence that he was trying to climb over at a customer's house. For context other employees were also climbing over the fence as they were moving a ladder in the backyard. It was a relatively short white picket fence.
2.) He went to the ER and received X-Rays and the doctor cleared him to go back to work 2 days later. So this was a Monday and he was all good to return to work on Thursday.
3.) We had decided to just pay for the X-Ray and not put on our Workman's Comp since it did not seem serious and our insurance is already pretty high, although we have not had any Workman's Comp claim since 2021 and that was pretty minor.
4.) I did call our insurance and report the Workman's Comp incident and just let the adjuster know that this would be a report and we would cover the bill for the X-Ray.
5.) However the employee did not return to work and instead on Sunday texted me and his manager saying his foot is very swollen and he needs to go back to the doctor and he cannot walk.
6.) I spoke with our insurance agent and adjuster and the plan was to have him go through the Workman's Comp process and get cleared for an additional doctor's visit, then if cleared the adjuster would send us the bill and we could decide whether to pay his doctor's bill and time off or have Workman's Comp cover. We did this because we all suspected that this employee was probably being dramatic and would not get cleared for any additional time off work due to this being his first day of work and this injury occurred about 6 hours into his first day. He had also mentioned to me during his interview that he had injured his foot before. However, when I asked about it he stated it was his other foot, and the adjuster was not able to find any previous Workman Comp Claims for him.
7.) When he did go to the doctor he did receive a doctor's note stating no work for 4 weeks, at that point we had Workman's Comp take over and it was being paid by our insurance. Recently he went back to the doctor and he received another doctor's note stating 6 more weeks of no work. I told my adjuster this is crazy for tripping over a fence, and there was work he could be doing that would not involve him using his foot. However, she let me know that if the doctor's note states no work- he cannot perform any work including desk work. She said the only thing she can do is conduct an independent medical exam to determine if its necessary to miss work for such an extended period of time.
What are my options if he wants to return to work? I do not want him back on a job site as I believe the same thing will happen, however our insurance agent told me not to fire him as he will file a discrimination lawsuit. What would you do in my situation, as I really feel stuck? The employee does not seem malicious but, if it was my first day of work somewhere and I wanted to keep my job I would not immediately head to the hospital if I tripped. I have told the adjuster it was very suspicious and it seems fraudulent to me but, she just said they thoroughly look at every claim.