WORKERS' COMPENSATION I Main Menu

What to Do If You Are Injured On-the-Job " Report the Injury to Your Employer" If it's possible, report your injury in writing and keep a copy of that report for your personal records. " File Your Workers' Compensation Claim as Soon as Possible" If your injury entitles you to workers' compensation benefits, file your claim as soon as you can. Waiting to file could lead to problems or delays in receiving your benefits. Reporting your injury and filing your claim quickly is the best way to make sure that you start receiving benefits quickly. " If Your Claim Is Disputed" o If there is a dispute regarding your claim, you can contact your state's workers' compensation commissioner's office. You may also want to contact a lawyer experienced in the workers' compensation system.

Conclusion of General Information about Workers' Compensation

The workers' compensation system is designed to provide a simple and direct way for employees who are injured at work of because of their jobs to receive compensation for their injuries. Workers' compensation laws vary from state to state. Each state has its own requirements for the procedure to receive these benefits. An experienced workers' compensation lawyer can assist you in navigating these procedural requirements and can help you obtain the benefits to which you are entitled.

Employer Obligations

The workers' compensation system provides compensation for employees who were injured at work or suffered an illness because of their job. If the injury is great enough to result in death, workers' compensation benefits are paid to the employee's surviving spouse and children or other dependants.
In most states, employers are required to purchase workers' compensation insurance from an insurance company. In some states, large companies are allowed to self-insure, or act as their own insurance company. Small companies, those with fewer than three or four employees, may not be required to have workers' compensation insurance. When an employee is injured and files a workers' compensation claim, this claim is then filed with the insurance company, or with the self-insuring employer, who pays the workers' compensation benefits. These benefits may include medical and disability compensation, depending on your state.

Unless an employer falls within a specific exception (such as the exception for small companies), the employer without workers' compensation insurance may be fined and they may be subject to civil and criminal liability.

Penalties

If an employer doesn't have workers' compensation insurance, that employer may be subject to the following penalties:
" Fines
" Criminal Prosecution
" The employer may be held responsible for paying workers' compensation     benefits to the inured employee
" An injured employee may be able to sue the employer, where the employee     would have normally filed a workers' compensation claim

Duties

In most states, employers have extra duties in addition to carrying workers' compensation insurance. These duties may include:

Posting a notice of compliance with workers' compensation laws at each work     site in a place that's in plain view.

Providing immediate emergency medical treatment if an employee is injured at     work or on the job.

Offering further medical treatment if the injured employee is unable to pick a     doctor or if the employee informs the employer in writing of a desire not to do so.

Keeping a log of injury reports for every accident that results in an injury. These    reports should detail injuries that require medical treatment other than first aid or    more than two treatments by a doctor or the person who provides first aid. Injury    reports should also cover injuries that require time off work more than just the    day or shift on which the accident occurred.

"Sending a copy of the injury to the workers' compensation board office. The    employer's insurance company should also be provided with a copy of the report.    If an employer does not make an injury report, they may be guilty of a    misdemeanor crime, which is punishable by fine.

Complying with requests for more information on injured workers when the    request comes from the workers' compensation board or the employer's    insurance company. The information that must be provided may include    statement's of the employee's earnings before and after the accident, the date of    the employee's return to work, or any other reports that may help determine the    employee's work status after the injury.

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DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation.

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