What Are My Employer’s Responsibilities Under Workers’ Compensation Laws?
Compensation Laws: There are laws created within Workers’ Compensation to protect workers when they are injured temporarily or permanently. Without a Workers’ Comp attorney, there is no one to hold employers responsible for work-related injuries. The injured employee has only one rule to follow once they get the right attorney to represent them, follow the Workers’ Comp attorney’s instructions. They also have to follow doctor’s orders getting back to work as soon as possible. The employer has much more to follow as they have rules and regulations they can and cannot do while the worker is under the doctor’s care.
Things Employers Must Do While the Worker is Out on Workers’ Comp
In almost every state in America, employers must have Workers’ Compensation Insurance to provide for their workers in case of work-related illness or injuries. In almost all the states, it is the law for any business with employees. Sole proprietorships who use contract labor from time to time do not have to have insurance. Texas is the only state not required to have Workers’ Comp Insurance. Any employer who does not have Workers’ Comp for their employees will regret it if the employee is injured or falls ill due to work-related events, especially during these Covid times.
Employers now have to record all work-related Covid cases at their work facility. If the employer does not have insurance, the attorneys will go after the employer to pay the bills for the injured or sick worker. The employer will have to reimburse the employee for all expenses, and they may have to face hefty fines and criminal charges. Employers must know Workers’ Comp will not handle all lawsuit injuries. In some situations, the employee can sue the employer directly. Employers must do the following in any situation:
- Provide claim forms within 24 hours of the injury
- Inform the employee of their rights, including medical treatment
- Explain the details of Workers’ Compensation, the name and number of the insurance, and who is the claim adjustor.
Things Employers Should Never Do While the Employee is Under Workers’ Compensation
Workers’ Compensation will pay for the entire duration of the worker is out of work. However, it does not kick in until after all the worker’s sick days and vacation days get used up. Afterward, payments kick in at 2/3 pay of the original salary, and all medical treatments are covered. Under no circumstances should the employer mess with the payments to the employee.
The number one thing an employer does not want to do is terminate an employee while they are on Workers’ Comp. They may terminate for other reasons, but they cannot terminate due to the injury, or anything related to it. Even if the worker gets terminated for other reasons, the Workers’ Comp payments and medical care will still take place until the Workers’ Compensation doctor releases the worker back to full duty. The employer also cannot harass the employee. They must leave the employee to communicate or their lawyer. Harassment is against any company’s policy and the law.
Claims Against the Employer
Everyone has their responsibility in a Workers’ Comp case. The question often asked is when to get legal assistance against the company or the insurance.
For the Employer
If the employer fails to do any of the things required by law to assists or deliver the proper paperwork and information, the employee has their rights. If the employer rejects anything owed to the employee that concerns the work-related injury or illness, the employee can seek legal assistance and most likely win the case. But why do they do this? The answer is simple. They know statistic-wise, 80 percent of the workers will not file a claim. They are correct. Most do not fight the situation, which is sad.
For the Insurance
Compensation Laws: Insurances are some of the most crooked organizations in the world. They are great when you need them sometimes, but they take a large sum of money in the premiums when you do not need them. Insurances make their money by the premiums and interest rates in the market. When they have to pay out claims, they lose all that money. Their next step is rejecting payouts, especially for medical purposes. It is time to get the lawyer involved when this happens.
The Reality of Legal Assistance
Most employees love their jobs, and if they get hurt, they worry about being let go. The reality is this is why most claims never get to the light of day. Some are afraid of their boss, and most do not report the accident. This is a breach of policy on the employee’s part as all accidents, large or small, must be reported. So, in reality, everyone has their responsibilities they must follow.
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