Thursday, March 3, 2016

What are the employer’s responsibilities for workers’ comp insurance?

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. 

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