by Christopher N. Kleps, Esq.

Last month, the United States Department of Labor filed a lawsuit against AT&T alleging they suspended thirteen workers for reporting on the job injuries. The company’s explanation that the employees were suspended for violating company safety policy was disputed by an OSHA investigation which contended the employees were suspended for reporting the injuries.

Even if AT&T wins the case, they have already lost money and time defending their position. A suit like this illustrates the value of a paper trail and proper adherence to company policy both before and after an injury is reported. Employers will often choose to suspend or discharge injured employees for valid reasons unrelated to their injuries, such as failing to report absences, failing to keep the employer aware of medical status, failure to report to work as required, and insubordination. Keeping proper documentation of the policy violated and the warnings administered to the employee is valuable not just to defend against a suit such as the one above, but also to dispute a terminated or suspended employee’s contention that his/her discharge was for reasons related to the accident. This in turn can drive down the cost of workers’ compensation claims.