The Employer’s Role After a Work Comp Claim Is Filed 

Key takeaways: 

Once a workers compensation claim is filed, plenty of employers step back and let the carrier take it from there. Usually, that comes from a good place. They don’t want to overstep, say the wrong thing, or make the situation harder. 

The injured worker often reads that distance differently. When they don’t hear from their employer, they can start to feel forgotten. 

For employers, staying involved in a work comp claim takes three things: Knowledge of the process, regular contact with the injured worker and the claims representative, and a plan to bring people back to work safely. 

On this episode of the WorkSAFE Podcast, we sit down with Linda Oehrke Myers, School Safety Coordinator for Sedalia School District. Oehrke Myers has 20 years of experience in workplace safety and work comp claims, and she manages safety and claims for more than 700 district employees. Her approach to managing claims within the district contains valuable lessons for any employer, from school districts to retail operations and beyond.

Start with the basics and one point person 

When Oehrke Myers talks with other organizations, the reasons for staying hands-off sound familiar. Employers don’t know the work comp process well. They aren’t sure what questions to ask. Some would simply rather not deal with it once the adjuster has the claim. 

The answer to these concerns isn’t to step back, but rather, to lean in. Choose one person to learn how claims work and the organization’s role in the process. 

“Someone in HR or in the entity needs to be educated about the work comp process,” Oehrke Myers explained. “That person needs to be the center of the entity’s work comp program.” 

That person needs a working grasp of the basics; MEM’s Claims Management Kit is a good place to start.

Treat your claims representative as a working partner 

Your claims rep handles the claim, but you know the employee and the job. You have valuable insight that can support the recovery process. Building a partnership with your claims rep lets information flow both ways. 

Ask questions to understand the medical side of the claim: What course of treatment makes sense, weighing therapies and surgeries, and which provider fits the injury. The Equal Employment Opportunity Commission clarifies that employers may ask about medical information related to work comp claims. However, the role an employer can play in provider choice varies by state, so ask your rep what applies to you. 

Oehrke Myers also doesn’t wait for updates to come to her: “At least once every two weeks, I’ll follow up with my adjuster and see where we are and what we can do.” 

Regular check-ins keep you informed of a claim’s status and help keep the claim moving.

Keep in touch with the injured worker 

Employers sometimes worry that contacting an injured worker could backfire. However, in Oehrke Myers’ experience, silence is the bigger risk. 

“I think the reason that an employee will seek an attorney in a work comp claim will be that they don’t feel the employer cares,” she observed. 

She described how that plays out from the injured worker’s side: Home alone in the afternoon, recovering, watching TV and seeing attorney ads. Every employee has the right to legal representation. But when that call stems from frustration over feeling ignored, a few simple touchpoints might have changed the outcome – and litigation adds time and cost for everyone involved. 

Her checklist for staying connected is short: 

• Ask how treatment is going 

• Keep up with physical therapy and medical visits 

• Confirm the employee is following their work restrictions 

📍 Read next: Work Comp Litigation: How to Prevent and Prepare > 

Build a light duty program from work you already have 

The easiest way to stay in contact is to bring the employee back once the doctor approves a return to work. Unless an employee is bedridden or in the hospital, her district brings them back on light duty. Their supervisor sees them every day, and updates flow naturally. 

Finding the tasks 

Size helps (the district has more than 700 employees), but most of the tasks on Oehrke Myers’ list exist at almost any organization, especially work that tends to get pushed aside: 

• Updating safety data sheets 

• Dusting libraries and rooms that are otherwise overlooked 

• Answering phones so a clerical employee can take on other work 

• Taking inventory 

• Inspecting safety equipment like fire extinguishers and detectors 

• Shredding documents 

She starts by asking the employee’s supervisor what’s available in their own department. If nothing fits, she looks at clerical needs in other buildings. And if the employee is medically cleared and comfortable doing their regular job within their restrictions, that’s an option too. 

📍 Read next: Light Duty Options for a Successful Return to Work > 

Keeping restrictions in place 

Some employers hold back from light duty because they’re afraid the employee will get hurt worse. Her district has dealt with that concern, and she addresses it directly. The employee must understand and agree to their restrictions, and their supervisor must support the process. 

“The supervisor needs to keep an eye, maintain a view of that employee, and make sure they are staying within that realm of their return to work,” Oehrke Myers emphasized. 

A re-injury means a longer claim and a longer road back to regular duty, so handing over a new task list and walking away isn’t the right approach. 

⏬ Download: Transitional Duty/Return to Work Policy > 

Seeing the payoff for employees 

When an employee hesitates to come back, Oehrke Myers points to the paycheck. Temporary disability benefits generally replace about two-thirds of an employee’s wages, up to a state maximum. Light duty often brings back their full pay. 

She described the gentle reminder she gives: “If you come back to work, you have the social aspect of being with your friends back at work, plus you’re getting 100% of your salary.” 

She shared the story of one district employee with a back injury whose family struggled to get by on two-thirds of their income. The employee returned to work on light duty and was grateful the district could make room for them. 

The social side matters as much as the money. Back at work, an employee has their regular routine, their coworkers, and the sense that they’re still contributing. At home, they may be recovering alone without support.

Investigate every incident, including near misses 

Oehrke Myers’ post-incident protocol starts with paperwork and an investigation. The employee fills out the district’s internal claim form, which is used to report the claim to MEM. Meanwhile, the district’s safety director visits the scene in person and takes photos to determine the cause of the incident and what needs to be fixed. 

That applies to minor injuries and near misses too. A near miss could have been a serious injury; the cause is a hazard worth addressing. 

As the employer, your approach to incident investigation matters. An employee who feels accused is less likely to be open about what happened. 

“You don’t go in like you’re out to pinpoint that the employee did something wrong to cause it,” Oehrke Myers cautioned. 

Instead, ask for the employee’s input on what caused the incident and how to keep it from happening again. They become part of the solution. 

⏬ Download: Incident Investigation Report > 

Document everything as if the claim will last for years 

Oehrke Myers keeps a file for every incident, including: 

• The claim report sent to MEM 

• Photos from the investigation 

• Witness statements 

• Emails and written communications 

That way, if an attorney gets involved, everything is in one place. 

Some of her claims are entering their third year. By then, memories have faded. 

“Witnesses forget what they’re saying, the employee forgets, the employer forgets,” she recalled. 

Records made at the time of the incident are the most accurate years later. 

Shorter claims and a lower e-mod over time 

Everything Oehrke Myers discussed leads to the same outcome: An employee who has healed and is back to their normal routine, at work and at home. When that happens, the claim closes because there’s nothing left to resolve. 

“I don’t want to drag out the healing process,” she said. 

A shorter claim typically means lower medical costs and a lower chance of litigation, sparing the employee a long and stressful process. 

The effect builds over time. When she took over the district’s work comp program about 20 years ago, its e-mod was high. She layered on safety practices: Monthly safety emails and regular training with custodial, maintenance, and food service staff. Progress took a while, but claims dropped, and the e-mod followed. 

Her summary of the whole approach is a short list: 

• Know the basics 

• Layer on safety practices 

• Keep in touch with your employee and your claims rep 

• Keep good records 

You don’t need to be a work comp expert to do any of these, and each habit puts you in a better position to support your team if an injury happens. 

Want the full picture of how a claim moves from report to closure? See how MEM supports employers throughout a claim >