Managing the Workers' Compensation Decision Tree

Prevent injuries as much as possible, then document thoroughly and nonjudgmentally.  

Ed Finkel

With dozens or possibly hundreds of employees out in the field at a time, pest control companies likely will face at least a few workers’ compensation claims. Although prevention is always the best medicine, working through a succession of planned-out decisions can add up to the next-best scenario. According to human resources (HR) and safety specialists, the workers’ compensation decision tree following an incident should include acting quickly, documenting thoroughly, reacting with compassion rather than suspicion, and providing “light-duty” work when a technician can’t do their usual job for a period of time.

“Many workers’ compensation issues are preventable,” says Marci LaRouech, CEO of Seay HR, the HR partner for NPMA. “The employers that navigate them most successfully are the ones with a consistent process, solid documentation, and a people-first approach. When you lead with safety, compliance, and fairness, you’re protecting both the employee and the organization.”

FIRST STEPS AFTER AN INCIDENT
When an on-the-job injury occurs, the top priority should be employee health and safety, LaRouech says. “Make sure they receive appropriate medical attention, whether that’s first aid, an urgent care visit, or emergency services,” she says. “Once the employee is safe, activate your workers’ compensation process immediately. Delays create confusion, compliance issues, and often make claims more complicated than they need to be.”

Managers need to be trained so they know exactly what steps to take and whom to notify, and claim forms should be readily available for all team members, LaRouech adds. 

“Organizations that have a clear, repeatable process that is documented and known by all managers and staff tend to have better outcomes than those making decisions or winging it in the moment,” she says.
Taradee Thornton, HR manager at Kilauea Pest Control in Kailua, Hawaii, says she ascertains whether the employee needs medical attention and then, if possible, reports the incident immediately, or at least within 24 to 48 hours. “There’s a little bit of a ‘golden hour’ that is pretty critical,” she says. “Employees are trained to do that, right to their supervisor. In reality, [immediate reporting is] not always the case.” 

The first priority after an injury should be the employee’s health and safety, calling 911 if necessary or providing first aid if trained personnel are available—and then getting the employee to immediate care off-site as needed, says Jorge Guerrero, safety coordinator for Rose Pest Solutions in Northfield, Illinois. 
“Secure the area so there are no additional injuries,” he says. Employees are told to “notify their supervisor—the service or branch manager—and then notify myself or the HR director. … We preserve the scene if the injury results from equipment failure or any type of hazardous conditions.”

To ensure an injured worker is getting the care they need, Clark Pest Control in Lodi, California, uses a nurse triage phone line. The nurse assesses the severity of the situation and provides a recommendation for self-care, nonurgent care, or urgent care, says Michelle Olea, HR generalist. “Then, you’re seen at a clinic in the network that takes your insurance,” she says. 

PROPER DOCUMENTATION
Proper documentation of an incident is crucial. It must focus on the facts, starting with who, what, when, and where, then noting any witnesses and any actions taken by the company, LaRouech says. Documentation should be timely, objective, and complete—avoiding opinions, speculation, or statements about the claim’s legitimacy. In addition, appropriate third parties and insurance carriers must be notified quickly and accurately.

“If regulators, insurance carriers, or legal counsel become involved later, thorough documentation becomes one of your most important tools,” she says. “Consistency is critical. Every workplace injury should follow the same documentation process, regardless of the employee, department, or severity of the injury. Treating employees differently or including apprehension [in] the process can introduce risk to the company. Good documentation helps support the claim process and demonstrate that the employer handled the situation properly.”

Thornton ensures documentation happens as quickly as possible, filling out the accident report with all relevant details, such as the address where an accident occurred, and making sure all signatures required are on the document. 

If an employee slips and falls, for example, at a client’s home but does not report it, then experiences back pain two days later, it’s harder to go back and make a workers’ comp claim, she adds.
Rose Pest Solutions has a standard incident report that is filled out after the service manager or branch manager goes directly to the location, assesses the injury, and makes sure the person is medically stable and able to talk, Guerrero says. 

“Proper documentation is a must,” he says. “We want to make sure we’re taking pictures and writing everything down in detail: the timing of the incident, the exact location, a description of what happened, what task was being performed, if there was equipment involved, or weather or environmental conditions. We get witness statements and then call the insurance company and get the claim going.”

Once the injured worker receives medical care, Clark Pest Control begins the fact-gathering process to document what happened, when, where, and why, Olea says, taking statements from both the witnesses and the injured worker to determine what happened.

“We want to ensure that we’re providing a workers’ comp form and notice of eligibility within 24 hours of the incident, or our knowledge of the incident occurring,” she says. “You also need to make sure you have all of your workers’ compensation postings up to date at your offices with relevant information—and information about the telephonic triage usage and our dedicated clinics posted not only at our offices but also in service vehicles.”

COMMUNICATION PROTOCOL
Communications with the affected employee should be supportive, professional, and focused on the workers’ comp process itself, expressing concern for well-being, explaining the next steps, and providing information needed to navigate the process while avoiding any opinions about the claim, LaRouech says. 

“Where employers create risk is when communications suggest frustration, skepticism, or retaliation,” she says. “Comments that discourage reporting, question the employee’s motives, or imply negative consequences can quickly create legal exposure.”

Rose Pest Solutions expresses concern for the employees and avoids statements that place blame for the incident, Guerrero says. “We’re making sure the employee is as comfortable as possible,” he says. “If they go to the hospital, we’re checking in on them. We just make sure that we take care of them.”

The company recently had a claim filed after a technician who was pulling out a stove yanked his shoulder, Guerrero recalls. “Right away, we had somebody over there to see if he was OK,” he says. “We made sure to take him directly to the hospital to get him checked out. Somebody stayed with him the whole time to make sure he was comfortable, and we called workers’ comp [insurance] to make sure everything was ready.”

PREVENTING FRAUD AND DISCRIMINATION CLAIMS
To protect themselves against claims fraud while also guarding against accusations of discrimination, employer consistency is key, LaRouech says. 

“Employers absolutely have the right to investigate claims and seek facts,” she says. “Problems arise when employers react differently because an employee filed a claim. That’s where discrimination and retaliation concerns often enter the picture. The best approach is a standardized process.”

To guard against fraudulent claims, Rose Pest Solutions provides in-vehicle cameras, takes witness statements, and interviews the employee more than once to make sure their story corroborates the claim, especially if they are not being communicative, Guerrero says. The company guards against discrimination by following the same policy and filling out the same forms, he adds. 

“We’re going to do the same thing, making sure you’re good, fixing any issues that come up,” he says. “I make sure no one is being discriminated against.”

Olea advises investigating and documenting the incident to the best of your ability without making any hasty judgments.

“We are not doctors,” she says. “It’s not up to us to determine if the injury is legitimate or not or caused by work or not. You want to make sure you’re treating every claim and every injury the same. I would treat every injury as if it was legitimate, unless it was determined not to be later. … Every situation is unique. You have to take all the variables into consideration. But you have to make sure the processes are the same and that everyone is treated the same.”

LIGHT-DUTY OBLIGATIONS AND LIMITATIONS
In cases where an employee cannot continue their usual duties for a period of time, employers can offer alternative “light-duty” arrangements, but those should be driven by medical restrictions—not the employers’ preferences, LaRouech says. 

“Employers should evaluate whether meaningful work exists that complies with those restrictions,” she says. “The goal is to support a safe return to work while remaining consistent with business operations and legal obligations. Employers should also be careful not to view modified-duty employees as less valuable or less committed because they were injured.”

Once paperwork has been filed, supervisors will sometimes put the employee back on the schedule because the employee said they were fine, but Thornton says returning to work requires more than the employee’s word. 

“We need to actually have them cleared by their medical doctor,” says Thornton, and if they’re not cleared, she adds that light duty is an option if they have restrictions such as hours they can stand or weight they can lift. Light-duty work could include office work like calling clients or helping in sales or with scheduling, if they are trained. 

That flexibility sometimes helps keep employees in the fold who might otherwise become discouraged, Thornton says. “I don’t want to lose them over not being able to provide enough hours,” she says. “We live in a very high-cost-of-living place. Not being able to get your hours can have a spiraling effect. But you need to be cleared by your doctor to return to [regular-duty] work. Supervisors need to understand that.”

Rose Pest Solutions follows a similar strategy, Guerrero says. “We try to get them out of their homes and into the office,” he says. “But most of our techs are not office people. They want to be out in the field. … Most of the time, they start feeling better by the second or third day in the office, but we tell them, ‘You can’t go into the field until you see the doctor and make sure you’re OK.’”

It’s important to let employees know about any accommodations or modified work that might be available, including the possibility of doing their usual work within certain restrictions, Olea says, noting that even part-time work can be valuable.

“Having a return-to-work or modified-duty program is hugely important to be able to keep the injured worker working,” she says. “It’s a phenomenal way to keep them engaged and avoid time off (and) to avoid lost wages for being injured. We often have modified duty in the office or in the field, depending on the restrictions.” 

Occasionally, an injured worker will reach maximum medical improvement and be issued permanent work restrictions, Olea says. 

“It’s important to give your employees the opportunity to discuss the restrictions and make requests for accommodation should they have any,” she says. “You may be able to accommodate the restrictions by providing alternative equipment or modifying the minor functions of their role. You are not required to remove essential functions of the position or offer an alternative position.”

INJURY-PREVENTION STRATEGIES
The best way to reduce workers’ comp claims is through prevention, which should include ongoing safety training, regular safety inspections, appropriate PPE, clear reporting procedures, supervisor training, and “a culture where employees feel comfortable reporting concerns early,” LaRouech says. “When employees are trained, managers are prepared, and safety is prioritized, businesses typically see fewer injuries, fewer claims, and fewer employment-related disputes.”

Kilauea uses an internal messaging platform to remind its employees about safety policies and why those are necessary, Thornton says. 

“It’s hard for people to understand [prevention strategies] if we don’t give them the why,” she says. “You have a family I need you to return safely to, and I have work I need you to do tomorrow. Nobody plans on getting in an accident.” 

Rose Pest Solutions holds monthly team meetings at every branch to go through safety, along with a companywide “university” that makes technicians aware of issues like properly using PPE and avoiding trip-and-fall injuries, Guerrero says. “That’s how we’re trying to prevent [workers’ comp] claims,” he says.
Clark Pest Control leans into prevention strategies as well, talking actively about safety and preventable injuries, Olea says. “Regularly engaging with team members and asking them to share ideas helps encourage ownership over injury prevention,” she says.

Your HR Lifeline: NPMA Partner Seay HR Has You Covered

Members of NPMA can call upon Seay HR to be their human resources (HR) partner, starting with free, on-demand consulting via phone, email, or text for any simple employment issues. For situations requiring more than a quick answer, such as building a workers’ compensation program or handling an Equal Employment Opportunity Commission discrimination investigation, members receive a reduced rate on Seay HR’s services.

“Many employment issues don’t start as lawsuits,” says CEO Marci LaRouech. “They start as a supervisor question, a difficult employee situation, or uncertainty about what to do next. … Our goal is simple: Help employers address issues correctly before they become expensive problems.”

Among the discounted services Seay HR provides for situations that go beyond a simple phone call are employee handbook development and updates, compensation and pay-structure design, HR compliance audits, performance-management programs, workplace policy development, and fractional HR leadership, LaRouech says.

“Whether a company needs a strategic HR partner or help navigating a complex employee issue, members have access to experienced HR professionals who understand the unique challenges of service businesses,” she says, adding that employers sometimes wait too long to seek guidance. “A workers’ compensation claim, employee complaint, accommodation request, termination decision, or harassment concern can quickly create legal and financial risk if handled incorrectly. A brief conversation early in the process can often prevent significantly larger issues later.”

LaRouech notes that the HR hotline is designed to be a proactive resource—not just one used during emergencies. NPMA members can call (888) 245-6272 or email admin@seay.us. 

“If you’re facing an employee issue and aren’t sure what to do next, reach out to Seay HR before making a decision,” she says. “We’re here to help you protect your business, support your employees, and navigate HR challenges with confidence.”