Employer’s Responsibilities In Workers Compensation Cases
WORKERS’ COMPENSATION: The Employer’s Responsibilities
Workers’ compensation is a saving grace for many employers. With such a program, one can make an insurance claim after sustaining a workplace injury without suing the employer. In most states throughout the country workers’ compensation insurance is seen as a necessity.
One thing many employees don’t know about workers’ compensation in their workplace is that—at the time of employment—one typically signs an agreement that states the employee will make claims through an employer’s workers’ compensation insurance plan as opposed to suing the employer directly.
That doesn’t mean that this is the case in all circumstances. An employer has several responsibilities that must be fulfilled for a workers’ compensation insurance carrier will even think about paying out claims.
This is why knowing your employer’s responsibilities is crucial to making sure you’re covered for an injury at work. Especially if it’s a situation of employer negligence you might need to pursue other avenues for compensation.
Read on to understand the responsibilities employers hold in terms of workers’ compensation. But, as these situations can become extremely complicated legally, make sure to give Moynahan Law at (203) 597-6364 if you need a qualified expert to review your claim.
The Duties of Employers in Workers’ Compensation Claims
In most states, employers are required to either purchase workers’ compensation insurance or act as their own companies when employing more than a specified number of people.
That means from the get-go, in many cases employers must purchase workers’ compensation coverage. Before settling on a place to work, be wary of whether or not they have or need workers’ compensation coverage.
Then there’s the claim process. The list below lists requirements set on the part of the employer in maintaining and using a workers’ compensation plan. If you ever find yourself working on a workers’ compensation claim, these are extremely important considerations. Take note!
- A Declaration of Compliance of Workers’ Compensation laws – This is a simple notice, placed in a conspicuous—or out-in-the-open—space on a job site or premises. It is generally agreed that a conspicuous place is wherever most employees would be expected to witness the declaration, either at a clock-in station or otherwise.
- Providing Immediate Medical Attention – Employers must be outfitted with supplies readily available to answer a medical emergency. In most cases this is a first-aid kit. But, in workplaces that deal with more hazardous processes or chemicals, the immediate medical response materials available must be fitting for those circumstances.
- Furnish Proper Medical Attention When Needed – In the event of an accident, an employer should facilitate further medical attention at a hospital or other treatment center when needed. This includes calling an ambulance.
- Reporting – The employer is responsible for reporting every single incident that leads to a loss of time at work to the closest or most convenient workers’ compensation office. A copy of the report should also be sent to the employer’s workers’ compensation insurance office. In the case of an accident, always check to make sure proper reporting was done.
- Comply with Investigations – It is against the law for employers not to comply with workers’ compensation investigations. In these instances, insurance companies and workers’ compensation boards will investigate an issue, and an employer must work with due diligence to meet all the demands of the investigating bodies.
- No Retaliation – While many employers purchase workers’ compensation for compliance or to control financial liability, there have been cases where an employee was discouraged, punished, or terminated for submitting a workers’ compensation claim. This is very much against the law, and an injured employee can sue an employer for retaliation.
The world of workers’ compensation is arduous and sometimes messy. You can have a lawyer review your claim to ensure the quickest and most efficient path forward to getting the money an time you deserve.
Give Moynahan Law a call today to review your workers’ compensation claims so we can get to work fighting for you. Our personal injury attorney Tim Moynahan is awaiting your call and looking forward to guiding you through this difficult time.
Timothy C. Moynahan is the CEO and owner of Moynahan Partners, which offers business development consultancy, identifying strategic business partnerships and funding sources. He founded and heads the Moynahan Law Firm, Waterbury, Connecticut, and is “of counsel” to the Jin Law Group at 200 Park Avenue in New York. He is a sought-after and successful trial lawyer, earning the Super Lawyer of New England and Connecticut awards from 2009 to 2012 and Best Criminal Defense Attorney accolade in 2013.