Employer Responsibilities in Workers’ Compensation Cases
Work Injury Lawyers
As an employee who has been injured while at work, the road ahead can be stressful and lonely. When facing an employer who is working against your case, the challenges you stand to face can be especially stressful. Sometimes even the most straightforward situations can be riddled with hardship. An attorney can support you in facing your case, the insurance company and your employer head on. The process of obtaining workers’ compensation benefits shouldn’t fall solely on the employee. The employer also has responsibilities should one of their employees suffer an injury.
First Report of Injury
You will be responsible for ensuring that you provide a workplace that is safe and free from hazard. When a person has reported an injury in the workplace, the employer is responsible with filing a First Report of Injury with the worker’s compensation insurance carrier.
Treating Your Employee Fairly
An employer’s responsibility is to treat employees fairly and refrain from retaliation. Workers’ compensation laws protect employers from being taken advantage of by frivolous lawsuits and also protect employees from being fired as a result of their injuries. An employee has a right to work in a workplace that is free from discrimination or retaliation. Examples of discrimination in workers’ compensation cases can include:
- Not accomodating an employee for their disability
- Harassing an attorney for the injury are disability they have experienced on the job
- Firing an attorney as a result of their injury
- Unfair treatment due to their injury
When an employee is faced with an injury acquired while at work, this is even more important than ever. Under employment discrimination laws this is illegal and could land an employer in hot water.
Preparing for Their Return to Work
When an employee is able to return to the workplace, an employer has the responsibility to prepare for their return to the workplace. As an employer, not only should you prepare and make accomodations for the employee; it’s also key to make sure that an employer does not violate any laws.
Work with the Insurance Company
An employer is responsible for cooperating with the insurance company when faced with a workers’ compensation claim. The insurance carrier will work to investigate the case and determine if workers’ compensation benefits will be awarded to the employee. It’s important that you continue to keep the lines of communication open with the insurance company throughout this process. When documents are requested, or they are in need of information, it’s important to provide them in a timely manner.
Despite the many responsibilities an employer has to a workers’ compensation case, they may still behave poorly or unfairly. Workers’ compensation cases can quickly become incredibly complicated, especially when faced with an employer who is not being cooperative. When faced with such challenges, it’s not advisable to proceed without at least speaking with a work injury lawyer St. Lucie County relies on. By contacting a law firm you can begin to feel as though you have an attorney by your side to not only represent you, but protect your interests.
Thank you to our friends and contributors at The Law Offices of Franks, Koenig & Neuwelt for their insight into workers compensation and employer responsibilities.
Posted on January 13, 2019 @ 9:19 pm