'This is going to [ruin] my bonus!': Subcontractor protects a labor worker who breaks his leg, reporting meticulous documentation after their safety officer tries to get out of paying worker's comp

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  • Always cross your Ts and dot your Is
  • I used to work in the office of a few companies in the DoT trades. At one, I had a guy walking off site with a coworker on a Friday night.
  • He slipped between the crane treads. He managed to gimp home on public transportation, but when he went to take his workboots off, he knew there was something seriously wrong.
  • So, I get the call Monday he broke his leg/ankle. I write it all down, talk to the boss and get the 411 for doing the workmen's comp report - because there are HUGE fines if you don't report workplace accidents within a certain time - frame usually 24 hours.
  • Now, we were subs, so, not only did I have to report directly to the project's worker's comp line, I had to report to the contractor's safety officer for their compliance as well.
  • I get the safety officer on the phone, "Hey SO, I am calling to report a workplace accident for Friday, three days ago. Here's an overview of..."
  • SO, "GD IT!!! We've gone over a hundred (I forget the exact number, but it was more than 100 and less than 200) days without an accident.
  • This is going to F##k UP my bonus!" insert more muttering and swears....
  • "Well, SO, I understand how disappointing that must be, but poor worker has a broken leg. I think we need to keep our perspective here."
  • SO, "Fine, whatever." SO barely took note of what I said, and hung up pretty quickly.
  • I write out my notes - talked with SO of BIG Co from this time to that and outline the details of what we covered during our conversation.
  • I go on and call the workmen's comp line for the project and get a to do list so the worker gets paid while out of commission.
  • There's no problem about the time lag as I called within hours of being informed. Whew!
  • I make a file, add all my notes, copies of the worksheets I make and go onto the next fire to put out.
  • Well, It was a fine thing I did all that, because a month or so later, Big Guy from Big Co calls me up and tries to tell me that they got a huge fine because of us,
  • and per the contract, we were on the hook for something outrageous like $50K. I didn't even read my boss in at that point.
  • "Big Guy, you mean the accident I reported on... wait a moment, here's the file, on Monday within an hour of being told.
  • I spoke with SO for 8 minutes and we covered these details. Oh, he did mention being upset to lose his safety bonus."
  • Silence.
  • "Are you sure you want to pull out contracts about reporting standards? I'd be happy to include my notes of all that I did that day, and have followed up on?"
  • Big guy, "No, that's fine. I've got it from my end."
  • "Well BG, have a great rest of your day then."
  • ThriceFive · That was less malicious compliance and more like meticulous compliance. Good job protecting that worker's health and rights and covering your employer. I hope they recognized you for covering *their* a with good notes too.
  • JFerrer619 And the aftermath? Did nothing happen afterwards? Did SO get reprimanded? Did you have to pay the 50k? Are you out of job? What happened?
  • 2dogslife OP. No, we didn't pay the ridiculous fine. Big Co was on the hook for that one because of their bonehead safety officer. Big Guy is still running his Big Co and still a j 20 years later.
  • Worker was TO'd because he was of the Don't Worry, Be Happy folks who had a casual approach to employment, often failing to show up several days of a week. However, when he did show up, he was a good worker, and he helped the company meet federal minority employment
  • standards. He thought his WC payment should be based on his hourly at 40 hours. However, I went back over a year's pay records, and his average actual hours were something like 25 - but it's an insurance form on a federal project - you report facts, not wishes.
  • The company I worked for went bankrupt about 6 months later, because the previous admin failed to submit reports and legal fees ate up the profits. There were some colorful moments though while I was along for the ride.

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