Employer’s Responsibilities in Workers’ Comp Claims
Workers’ compensation law provides benefits to employees who are injured or become ill from employment. These benefits can include medical care, lost wages, and vocational rehabilitation. Employers have obligations under workers’ compensation law to ensure their employees receive these benefits.
- Provide Coverage: Employers must have workers’ compensation insurance to cover their employees in case of work-related injuries or illnesses. This insurance will pay for medical treatment, lost wages, and other benefits that are eligible under the law.
- Report Work-Related Injuries and Illnesses. Employers are required to report work-related injuries and illnesses to their state’s workers’ compensation board. This report must be filed within a specific timeframe, typically within a few days of the injury or illness. Reporting work-related injuries and illnesses promptly ensures that claims are filed on time and that employees receive the benefits they deserve.
- Provide Medical Treatment. Employers are responsible for providing medical treatment for work-related injuries and illnesses. This includes covering the cost of doctor visits, hospital stays, surgery, and rehabilitation. If an employer does not provide medical treatment, employees can seek medical attention on their own and submit their medical bills to the employer’s workers’ compensation insurance carrier for reimbursement.
- Pay Wage-Loss Benefits. If an employee is unable to work due to a work-related injury or illness, the employer is responsible for paying wage-loss benefits. These benefits are typically a percentage of the employee’s average weekly wage at the time of the injury or illness. The exact amount of benefits will vary depending on the state’s workers’ compensation laws and the severity of the injury.
- Comply with Record-Keeping Requirements. Employers are required to maintain accurate records of work-related injuries and illnesses. These records must include information about the employee, the date and time of the injury or illness, the nature of the injury or illness, and the medical treatment provided.
- Avoid Discrimination and Retaliation. Employers cannot discriminate against or retaliate against employees who file workers’ compensation claims. This means that employers cannot fire, demote, or otherwise penalize employees for exercising their rights under workers’ compensation law.
- Post Required Notices. Employers are required to post notices informing employees of their rights under workers’ compensation law. These notices should be posted in a conspicuous location where employees can easily see them.
- Respond to Claims Promptly. Employers are required to respond to workers’ compensation claims promptly. This means that they should investigate claims, provide medical treatment, and pay benefits in a timely manner.
- Cooperate with Investigations. Employers are required to cooperate with investigations into work-related injuries and illnesses. This includes providing information to investigators and allowing them to inspect their workplaces.
Employers have a legal obligation to comply with workers’ compensation laws. Failure to do so can result in fines, penalties, and even criminal charges. If you believe that your employer is not complying with workers’ compensation law, you should contact your state’s workers’ compensation board.
This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.