What is Workers’ Compensation ?: Workers’ compensation insurance policies cover expenses associated with work-related injuries and illnesses. Although workers ‘compensation (or workers’ compensation) is regulated at the state level, most employers in the US are required to carry a certain amount of coverage in relation to risks associated with the job.
This section includes information on handling a claim, maintaining adequate coverage without paying too much, links to state-specific resources, and other topics related to workers’ compensation from an employer’s perspective.
Workers’ Compensation and Employer Responsibilities
In most states, employers are required to purchase insurance for their employees from a workers’ compensation insurance company. In some states, large financially solvent companies are allowed to self-insure, while very small companies may be exempt from workers’ compensation insurance. Unless they fall within limited exempt categories, employers without workers’ compensation insurance are subject to fines, criminal prosecution, and civil liability.
In addition to providing workers’ compensation most states include additional duties. These can include;
- Publish a notice of compliance in each work,
- Provide immediate emergency medical treatment for workers injured on the job,
- Provide more medical care if the worker is unable to select a doctor,
- Complete an injury report and submit it to the local workers’ compensation board and your insurance company
- Make a written report of each accident that results in a personal injury that causes a loss of time from regular duties beyond the day or work shift when the accident occurred or that requires medical treatment beyond first aid or two treatments per one doctor,
- Comply with all requests for additional information requested by the Workers’ Compensation Board or the insurance company.
An attorney also has a responsibility not to retaliate against workers who file claims for compensation benefits. Acting against such an employee may result in civil actions against the employer for retaliation or “retaliatory firing»If they are fired.
How to Handle a Claim: Employer and Employee Responsibilities
When an employee is injured while on the job, the employer has certain responsibilities and must follow certain procedures to avoid liability beyond that arising from the accident itself.
Employers must first try to avoid workplace accidents. If an employee is injured, the employer must file the required report with the company’s workers’ compensation carrier and cooperate with the carrier and their attorneys when investigating the matter. The employee should be allowed to seek treatment and should be welcomed back to work when well enough to resume employment. The employer is also responsible for helping the State Board of Workers’ Compensation stop fraud.
Employees also have responsibilities when an accident occurs at work. Workers must act responsibly at work. The employer is not liable when workers are intoxicated, committing a crime, or knowingly violating a policy or code.
Employees should also report workplace injuries as soon as possible. This may include filling out forms or reports about the incident. Employees should seek treatment promptly, as minor injuries can become serious without treatment.
Employees must responsibly handle information provided by the employer and the workers’ compensation company. They should cooperate with requests made by the insurer and be held accountable for their actions on and off the job, as insurance companies may hire private investigators to prevent fraud. Ultimately, employees are responsible for determining how to proceed with your claim.