An Employee Is Acting Strange at Work: What Should an Employer Do?

As a business owner, there are some situations you simply can’t plan for.

Imagine an employee comes to work and just doesn’t seem right. Maybe they’re confused, behaving unusually, or showing signs that something could be medically wrong. You know they have a history of health concerns, and you’re worried: What if they have a medical emergency while they’re working? Could this become a workers’ compensation claim? What should you do right now?

These situations can be stressful, but there are a few important principles employers should keep in mind.

First: Focus on the Employee’s Safety

Before worrying about insurance, liability, or paperwork, address the immediate situation.

If an employee shows signs of a possible medical emergency—such as chest pain, difficulty breathing, confusion, fainting, or other serious symptoms—call 911.

If the employee appears impaired or otherwise unable to safely perform their job, especially if they operate vehicles, machinery, or other equipment, the employer should consider removing them from safety-sensitive duties and following the company’s established policies.

Most importantly, don’t delay emergency medical treatment while trying to figure out whether an incident will be covered by insurance.

What If the Employee Has a Heart Attack at Work?

This is where employers sometimes get confused.

A medical event occurring at work does not automatically mean it is covered by workers’ compensation. At the same time, an employer shouldn’t try to make that determination themselves.

If an employee suffers a heart attack or another significant medical event while working and there is a possibility that it could be work-related, the safest administrative approach is generally to promptly report the incident to the workers’ compensation carrier and allow the carrier to investigate and determine compensability.

Factors such as the employee’s job duties, what they were doing immediately before the event, unusual exertion or stress, pre-existing medical conditions, and applicable state workers’ compensation law can all matter.

Your insurance agent can help you start the claims process, but the ultimate coverage determination belongs with the carrier.

Document What Happened – Not What You Think Happened

Good documentation can be extremely important following a workplace incident.

Employers should record objective facts such as:

• The date, time, and location of the incident
• What the employee was doing
• What supervisors or coworkers personally observed
• Whether there were witnesses
• What actions the employer took
• When medical assistance was requested

Stick to observations rather than assumptions.

For example, documenting that an employee was stumbling, speaking unusually, or appeared confused is much different from writing, “The employee was drunk.”

What If You Suspect Alcohol or Drug Impairment?

This can become an employment-law issue as well as a workplace-safety issue.

Employers should follow their established reasonable-suspicion, drug and alcohol, fitness-for-duty, and post-incident policies. Those policies should be applied consistently.

If testing is required under company policy, employers should follow the established procedure – but testing should never delay necessary emergency medical care.

And this is an area where an insurance professional should recognize the limits of their role. Questions about whether an employer can require testing, send an employee home, require medical clearance, or take disciplinary action may involve employment law, disability laws, company policies, and other considerations.

That’s when it’s appropriate to recommend that the business owner speak with their HR professional or employment attorney.

Don’t Try to Decide Whether a Claim Is Covered

One of the biggest mistakes an employer—or insurance professional—can make is saying:

“Workers’ comp won’t cover that.”

Or, on the other extreme:

“Workers’ comp will definitely cover it.”

Neither should be assumed.

A better approach is:

“If an incident occurs and there is a possibility it could be work-related, report it promptly. The workers’ compensation carrier can investigate the circumstances and determine whether it’s compensable.”

That protects the employer from making a coverage determination they aren’t qualified to make and helps ensure the carrier receives timely notice.

Have a Plan Before Something Happens

The middle of a workplace emergency is not the ideal time to figure out your procedures.

Business owners should know ahead of time:

• Who employees should contact following an injury or medical emergency
• How workers’ compensation claims are reported
• Where employees should seek treatment for work-related injuries when applicable
• How supervisors should document incidents
• What the company’s drug and alcohol policies say
• How reasonable-suspicion situations are handled
• When HR or legal counsel should become involved

Having clear procedures can make a stressful situation much easier to manage.

Your Insurance Agent Can Help You Prepare

Workers’ compensation insurance isn’t just something to think about after an employee gets hurt.

A good independent insurance agent can help business owners understand their workers’ compensation program, know how to report claims, locate carrier resources, and prepare for situations they hope never happen.

When an unusual workplace situation occurs, remember the order of priorities:

Protect the employee. Document the facts. Report potential claims promptly. Let the appropriate professionals determine what happens next.

And when questions move beyond insurance into employment law or medical decisions, don’t guess—bring in the appropriate HR, legal, or medical professional.

Contact Holley Insurance for a commercial insurance review. We’ll help you identify potential gaps and make sure your vehicles, equipment, and business property are properly accounted for before you need to file a claim. A five-minute conversation today could prevent a very unpleasant surprise when it’s time to file a claim. Get started here.

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