Leonard V. Retter and Thomas P. Mastro, partners in Goldberg Segalla’s Workers’ Compensation group, recently shared insights into workers’ compensation crossover claims in California with CLM Magazine.
“[J]ust like a car requires preventative maintenance to avoid substantial (sometimes terminal) mechanical issues, a claim for workers’ compensation benefits requires careful evaluation to avoid triggering potential violations of other applicable laws which could lead to significant exposure in civil courts,” they explained when defining the possibility of crossover claims.
They also discussed how employee rights under the Fair Employment and Housing Act, Americans with Disabilities Act, California Family Rights Act, and more can be triggered due to the fact a workers’ comp claim is a result of an alleged injury. “The best way to avoid triggering a potential crossover action is for employers to quickly identify requests for medical and disability-related leave, and then work together to determine their responsibilities in relation thereto.”
Leonard and Thomas then proposed a step-by-step breakdown to help employers understand their responsibilities to an employee by addressing what laws apply to a given scenario. They proposed the following steps: Determine which laws apply to the employer; Determine which laws apply to the employee; Determine whether an employee’s return to work poses a direct threat to the health or safety of the employee or other; Determine whether there is an obligation to provide accommodations, a modified work schedule, and/or a light duty assignment.
“Getting Under the Hood for Careful Comp Evaluation,” CLM Magazine, May 26, 2022
The mission of Goldberg Segalla’s Workers’ Compensation practice group is to achieve significant and sustainable reductions to the overall expense of each client’s workers’ compensation program. Our commitment to this mission—and our success in efficient file handling as well as long-range strategic risk-management—has earned us a national reputation for exceeding our clients’ expectations and driving positive change in the practice of workers’ compensation law.