Is Your Employer On Board With Your Work Accident Claim?

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The role of the employer in a work accident when claiming workers' compensation benefits is significant. Employers have specific responsibilities and obligations to ensure the well-being and safety of their employees. Read below to find out what to expect from your employer after a work accident.

Here are the key aspects of the employer's role in the workers' compensation process:

1. Providing Workers' Compensation Insurance: In most jurisdictions, employers are legally required to carry workers' compensation insurance or provide an equivalent form of coverage. This insurance helps protect employees in case of work-related injuries or illnesses by providing benefits such as medical expenses, wage replacement, and rehabilitation services. It should be noted that small businesses may be exempt from providing workers' compensation coverage. 
2. Reporting and Investigation: When an accident occurs, the employer should be promptly notified by the injured employee or a witness. The employer must then report the incident to the workers' compensation insurance carrier and relevant government agencies as per the legal requirements. The employer is responsible for initiating an investigation into the accident to determine its causes and gather necessary documentation and evidence. In some states, it is the responsibility of the employee to submit a claim form, however. 
3. Cooperation with the Claims Process: Employers must cooperate with the injured employee throughout the workers' compensation claims process. This includes providing the necessary documentation, such as incident reports, medical records, witness statements, and employment records. Employers should respond promptly to requests from the insurance carrier, the injured worker, or their legal representative to ensure a smooth claims process.
4. Facilitating Medical Treatment: Employers should assist injured employees in obtaining appropriate medical treatment. This involves providing information on approved medical providers, coordinating appointments, and ensuring that the injured worker receives the necessary care and rehabilitation services. Employers may also be required to accommodate work restrictions or modifications recommended by medical professionals.
5. Non-Retaliation and Non-Discrimination: Employers are prohibited from retaliating against employees who file workers' compensation claims. It is illegal for an employer to terminate, demote, harass, or discriminate against an employee solely because they exercised their right to claim benefits. Employers must uphold the rights of injured workers and maintain a supportive and non-discriminatory work environment.

It's important to note that workers' compensation laws and regulations can vary depending on the state. If you become aware of failings in your employer's handling of a work accident, you need to talk to a legal professional. Speak to a workers' compensation lawyer right away.

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28 June 2023