In most areas, companies must buy workers’ compensation insurance for their employees. In other states, large, financially stable companies must insure themselves, while small companies have no coverage requirement. When a person is hurt at work, the claim is filed with the insurer or the employer, who pays disability and medical benefits according to a formula. Unless an employer falls into a narrow exemption category, it is subject to criminal and civil liability and fines if she or she fails to provide coverage.
Duties of Employers
In addition to offering insurance, most employers have to perform the following duties:
- Post compliance notices in conspicuous places around every job site
- Provide emergency treatment for injured workers
- Furnish medical attention if a worker cannot select a physician, or states in writing that they don’t want to do so
- Complete an injury report and submit it to the workers’ compensation board and the insurance company. Employers who fail in this regard can face misdemeanor charges.
- Make a report of every incident resulting in a loss of work time, or any that requires serious medical treatment
- Fulfill all requests for information on injured workers by the workers’ compensation board or an insurer, such as earnings statements
Employers Cannot Retaliate
Although a workers’ compensation attorney with Northfloridaautoaccidentlawyer.com will offer legal protections to injured workers, laws also serve to protect companies. Even though workers’ compensation is the only legal remedy an employee can seek, companies sometimes frown upon those who file claims and some practice blatant discrimination. To protect workers, many states prevent companies from retaliatory acts against employers.
Employee Recourse for Discrimination
If employees think that they’ve been the victims of a retaliatory discharge, they should hire a workers’ compensation attorney and they may be able to file a claim against the employer. In a wrongful discharge suit, the worker must prove that the evidence shows they have wrongfully been fired. However, the employee doesn’t have to prove that the workers’ compensation claim was the reason for the discharge.
Other than termination, retaliatory actions can come in the form of subtle discrimination, such as salary cuts and demotions. Injured workers are shielded from discriminatory actions right after an accident and before a claim is filed, and causes of action can succeed even though an employee has merely notified a company of the impending claim.
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