Most state laws mandate
that employers must buy workers’ compensation insurance to pay benefits to
workers suffering from work-related injuries. In a few states, large companies
that own vast assets are allowed to self-insure while companies that have three
or four employees are not required by law to purchase insurance.
Workers’ compensation
lawyers in San Joaquin, CA clarify that in the event a worker is injured the insurance company
pays for the treatment as well as reimburses the lost wages that are
calculated by applying a state-mandated formula. Employers who ignore state
laws by not purchasing proper workers’ compensation insurance are liable to
face a number of penalties.
Penalties
A worker who is denied benefits can sue
the employer if he has flouted state laws. In addition, severe penalties are
often levied against the employer by the state. These include fines and the
prospect of criminal prosecution. According to worker’s compensation attorneys
in California the employer can also be forced to pay the benefits from his own
pocket.
What
are the duties of the employer?
- To begin with, the employer must buy workers compensation insurance from a reliable company.
- The employer must comply with all the workers’ compensation laws and then notify the office of his compliance by posting notices on office boards at important junctions.
- Whenever a worker is injured the employer’s primary duty is to provide the worker with emergency medical care.
- The employer must provide a detailed injury report to the workers’ compensation agency and a copy should also be mailed to the insurance provider. A worker who does not provide such a report may face a misdemeanor charge.
- Whenever the workers’ compensation board or the insurance company asks the employer to furnish specific information, the employer is obligated to do so promptly. These may include employee salary sheets, details of days of absence from work, or accident related information.
The
Employer must never Retaliate
San Joaquin, CA workers’ compensation
lawyers acclaim that often workers who file workers’ comp claims are frowned upon
because insurance companies often hike their premiums after they pay a claim.
However, workers have a legal right to claim benefits in the event of an injury
and employers cannot punish them. Employers should help out their hurt
employees, if any, legally unlike what was going on in The Wire, season 2, when
the corrupt port union gave the injured worker’s wife an envelope of cash illicitly
obtained.
Other than the termination from service,
workers often face discrimination such as denial of increment or reduction of
salary. The affected worker can either file a wrongful termination lawsuit or
raise the issue at the state worker’s compensation agency and demand compensation
for loss of work. In such a case, the employer may have to pay additional
penalties if the discrimination is proved.
As soon as you realize that you have a work-place related injury or ailment or have been
retaliated against because you filed for benefits, reach out to a workers’
compensation lawyer in California. What you need is a lawyer to speak for your
interests and stand up against the insurance company who is treating you this
way. What did you do to them? You played by the rules!
This website (Workers-Comp.USAttorneys) has played by the
rules has become a worker’s compensation virtual haven. If you need legal help,
you are just a few clicks and a phone call away. If you have any question,
contact us via the website and we will get back to you shortly, probably that
same day.
