injury
General Business

Ask the Experts: Injuries, Timesheets & Name Changes

One of our employees cut their hand on the edge of a broken filing cabinet at work. We asked if they wanted medical treatment, but they declined. Should we still have them fill out an accident report?

Yes. Even if the employee declines professional medical treatment, it’s important to document the incident and keep it on file.

Having a habit of documenting issues (from safety to harassment to performance) is key to getting them solved. In this case, the broken filing cabinet poses a hazard and should be repaired or replaced promptly before anyone else is injured by it. A paper trail will (hopefully) create accountability and make that more likely to happen.

You should also give the employee the option to complete a workers’ compensation claim form, which can be obtained from your insurance provider. Most workers’ compensation policies require notice of an injury to be reported within 24 hours of the incident. If the employee declines to file a claim, make note of that in case the injury worsens and they decide to file a claim later.

If your organization is subject to Occupational Safety and Health Administration’s (OSHA) recordkeeping requirements, then the injury should be recorded within seven days on the OSHA Form 300, Log of Work-Related Injuries and Illnesses, and Form 301, Injury and Illness Incident Report.

If an employee hasn’t submitted their timesheet before we run payroll, can we delay paying them until they do?

No, you shouldn’t wait to pay the employee. Under the Fair Labor Standards Act, wages are due on the regular payday for the pay period covered, regardless of whether the employee met your deadline for submitting their timesheet. Ultimately, the responsibility to track and pay for all hours worked falls on you, not the employee. You should ask the employee how many hours they worked and pay them accordingly. If they’re unavailable to answer that question, you should take your best guess – corrections can be made later if necessary.

While you can’t delay payment, you can, and should, address the behavior through progressive discipline when warranted. (If the timesheet was late because the employee was hospitalized, discipline would not be the right approach). Disciplinary measures can range from an oral warning to termination, though most employees will probably just need a one-time reminder.

An employee let us know they changed their name. What documentation do we need, and what changes do we need to make?

Obtain a copy of the employee’s updated Social Security card and use this to update their name in your HRIS and payroll system. Ask the employee to complete a new W-4, as the IRS requires that the name on the Social Security card matches the name on W-4 and W-2 forms. Update their Form I-9. While not required, the U.S. Citizenship and Immigration Services recommends keeping the Form I-9 up to date. 

Update the employee’s benefits paperwork. Additionally, if driving is one of their job duties, request an updated version of their driver’s license for your records. Update company phone lists, email accounts, business cards, badges, uniforms, name plates, etc. The employee’s preferred name can be used with these updates, if it’s not the same as their legal name.

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