When it comes to workers’ compensation, employers have several other obligations apart from purchasing the insurance policy. However, many employers don’t comply with these obligations, which make it difficult for many injured employees to collect the benefits they deserve. Larger employers, for instance, with enough assets, are allowed to self-insure or act as their own insurance companies.
When workers are injured while on the job, they should file a claim, and their employer must respond to their claims and handle them accordingly. However, workers that don’t have insurance, unless they fall within limited, exempt categories, are subject to fines, civil liability, and criminal prosecution.
Read on to learn about your employer’s obligations regarding workers’ compensation.
Respond to injury reports
When an employee gets sick or injured on the job, they must report their illness or injury to their employer. Once the report is filed, the employer must notify the insurer, the state’s Workers’ Compensation Commission, or both. Also, the employer should attend to their employee as soon as possible and ensure they receive medical treatment if required.
Employees need to meet a deadline. They need to protect their legal rights. They must maintain an official record to be valid. The employer must implement and monitor a return-to-work program for injured workers. If a medical practitioner says the employee can return to work for modified or part-time work, the employer should be able to accommodate the restrictions.
Handling employees’ claims
After reporting the job-related illness or injury, the employer’s obligations continue. However, if they fail to meet their obligations, you may hire a local attorney to help you collect workers’ comp benefits and some additional damages. Note that it’s essential to find a local workers’ comp attorney to help ensure you receive your workers’ comp benefits.
For instance, if you live in Philadelphia or the surrounding areas, search for the best workers comp lawyer Philadelphia offers to help you quickly navigate the process. There are a few steps involved in filing a successful workers’ compensation claim, so it’s essential to find a local attorney that understands local workers’ comp law since they’ve been protecting the legal rights of victims just like you in your area for a long time.
In addition, there are a few additional obligations when handling workers’ comp claims.
- Conduct a proper investigation. The employer should thoroughly investigate every worker’s comp claim filed because they cannot refuse to give the benefits unless and until they have a proper reason for doing so.
- Provide a list of approved healthcare providers. Employers, in some states, have the right to choose the healthcare provider that provides treatment to the employees who file for workers’ compensation.
- Do not discriminate on any basis. Discrimination based on age, sex, race, gender, color, religion, marital status, and disability is prohibited. Those who discriminate will be held liable, and employees that fall victim to such employers must consult with an attorney about their legal rights.
- Handle employees’ claims in good faith. All employers must conduct an appropriate investigation and make an accurate assessment of the employee’s eligibility, so they can pay the workers’ comp benefits that are owned.
Required coverage
Most employers must provide workers’ comp coverage, but specific requirements vary by state. For instance, some states exempt small businesses, while others exempt certain types of businesses and occupations. To meet their obligations, employers must buy workers’ compensation insurance or self-insure.
Types of workers’ comp coverage that employers have to provide to their employees include medical, total disability, partial disability, rehabilitation, and death. Employers should also provide notice about their workers’ comp coverage, typically posting a sign somewhere at their place of business.
Partial disability coverage, for instance, is coverage for employees needing alternate employment due to disabling effects of their job-related illnesses and injuries. Full disability coverage, on the other hand, covers employees who can no longer work because of the illness or injury they sustained while on the job.
Final thoughts
Workers’ comp claims usually involve several different parties, which can confuse someone who doesn’t understand the law or their legal rights. That’s why if an employee believes their employer is not taking care of their workers’ comp responsibilities; they have the right to seek legal help. Talk to your workers’ comp lawyer, so you know how to proceed.
