In most areas employers must buy coverage for employees through a workers? compensation insurer. Some states allow large, financially stable employers to insure themselves while smaller businesses don’t need workers? compensation at all. When a person is hurt on the job they file a claim with the insurer or the employer, who pays benefits according to a state formula. Unless a company falls within a very narrow category it can be subject to fines and lawsuits if it fails to carry worker’s compensation insurance.
Penalties for Failure to Provide Coverage
If a company fails to provide workers? compensation coverage, the following penalties can result:
? Criminal liability
? Fines
? Personal liability for benefits due to injured workers
? Employees’ choice to sue the employer rather than file a workers? compensation claim
Duties of Employers
Not only do employers have to provide workers? compensation coverage, they must perform certain duties. Employers must post compliance notices in an easily accessible area, and they must offer immediate treatment to employees hurt on the job. If further medical attention is needed the employer must furnish it, and they must complete an accident report and mail it to the workers? compensation office.
Employers must make a report of every injury accident that results in a worker losing time from work, or any that requires treatment beyond minor first aid. Companies must comply with information requests from insurers or the workers? compensation board, and they must hand over any records needed to determine an employee’s work eligibility after an injury.
Employers Cannot Retaliate
Although workers? compensation rules give options to employees, they also serve to protect businesses. Employers tend to frown on those who file a workers? compensation claim, and some openly practice discrimination. To protect workers from bosses who engage in discriminatory behaviour, most sates bar employers from terminating or harassing employees who file claims. If a worker is fired after exercising his or her rights, they can hire an attorney to bring a retaliatory discharge suit.
There are other, more subtle forms of discrimination toward employees, such as salary cuts and demotion. An injured worker is protected from such conduct right after the injury and before the workers? compensation claim is filed, but they should still hire Dulaney, Lauer & Thomas LLP to protect them as the claim progresses.
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