If an individual gets injured at work, then that person as well as the employer has a series of responsibilities to get the benefit of worker’s compensation insurance. If any part of the employee or employer fails to meet these legal rules, a compensation claim may lead to a messy situation. While an employee may lose his/her legal right to get back lost wages, medical bills, etc., the employer may get penalized or face a lawsuit by the injured worker.
According to Mike Saltzstein who specializes in worker’s compensation claims, strategic planning, financial structures, multi-line claims, etc. that having a thorough understanding of those responsibilities can be helpful for both to avoid disputes and legal consequences.
It is mandatory for companies with workers to perform certain roles to ensure that the injured workers get the necessary treatment and payment. Failing so, employers are likely to face civil liability or criminal action.
- Being an employer, the foremost responsibility is to maintain a safe and non-toxic work environment to avoid possible workplace injuries. If any worker gets injured, make sure to report the same first with all necessary documents, duly completed to the workers’ compensation carrier.
- One is liable to ensure that no rights of an injured worker are violated. If the injured employee requires any kind of medical intervention for being seriously injured, permit him/her to see the doctor of the company or leave the workplace to visit their own doctor.
Cooperate with the insurance carrier
Cooperating with the inspectors, and lawyers of the workers’ compensation carrier all through the investigation process is the employer’s responsibility. They may need documentation of the injured worker’s payroll or personnel file in this process. Also, they may inquire the supervisor and co-workers of the injured employee to know the details of the incident. Make sure that they get timely and proper assistance.
Welcome the injured workers as they resume
Welcoming injured workers as they come back after being physically fit to resume their work is the employer’s moral duty and legal responsibility. The employer must not penalize, retaliate or fire an employee for the accident for which they have filed a claim for workers’ compensation claim. Doing so will make the face serious criminal or civil charges alongside hefty penalty, which varies between states.
According to Mike Saltzstein, similar to employers, workers also have a series of responsibilities and if they do not meet those duties, they are likely to lose their lawful right to get coverage of damages, payment against lost wages, and benefits as per the law.
- Workers should carry out their jobs responsibly. Self-inflicted injuries that may occur under the influence of drugs or alcohol or take place in course of any reckless act or horseplay are typically not entertained by workers’ comp insurance.
- Injured workers should report the accident or occupational illnesses immediately. They are required to fill out all necessary documents and submit them on a timely basis to the authority.
- Go through the medical treatment process, check-ups, and doctor’s recommendations with due diligence. Any kind of negligence or going against the suggestions could lead to the denial of the claim.