Workers’ Compensation: What are the Employer’s Responsibilities?

According to the Social Security Administration, more than 50 billion dollars are spent on workers’ compensation claims each year. If you have been injured on the job, it will be important to file a worker’s compensation claim. Workers’ Compensation can vary as each state’s regulations and employer requirements may vary depending on this. It will be important to know what you will be responsible for and what will be required of your employer throughout the process.

Important Information about Workers’ Compensation

  • Workers’ Compensation can aid employees in the event that they are injured when on the job.
  • It is required by law that most employers offer some type of workers’ compensation to their employees.
  • Regardless of who was responsible, workers’ compensation covers medical expenses and lost wages.
  • If you have been injured, filing a claim is vital in order to receive the benefits of workers’ compensation.
  • If you have been injured on the job, you will need to first report the injury to your employer so that the injury can be officially reported to the insurance company.
  • The injury must be reported in a timely manner to the employer.
  • Although in some situations it may feel difficult to bring an injury to your employer, it will be important to do so in order to collect any compensation that you are owed for your injury.

Employer Responsibility

  • An employer must offer a safe workplace that is conducive to safety regulations. In doing so, an employer is providing an environment that minimizes the risk of an employee being injured. Despite this, it is still possible for an employee to incur injury.
  • Workers’ compensation is available to employees to help with any lost wages or medical expenses they may receive from an injury that takes place at the workplace.
  • It will be important to receive medical care immediately following an injury and, for an employee to allow you to do this. If you are unable to see a doctor, your employer must provide you with any additional medical care that is needed.
  • Once you file a claim, employers are responsible for complying with any accommodations that must be made for the employee at the request of the workers’ compensation board.
  • An employer must hold your position until you are able to return to work.
  • An employer cannot discriminate against you for filing a workers’ comp claim.

When employers do not follow their responsibilities when it comes to workers’ compensation, and the result is either on the job discrimination or termination of employment, you may be entitled to file a lawsuit. It will be important to contact a New York workers’ compensation attorney to help determine if pursuing a lawsuit is in your best interest. They will be able to guide you through the legal process and ensure that you receive a fair settlement.

Polsky, Shouldice & Rosen, P.C. Thanks to our friends and contributors from Polsky, Shouldice & Rosen, P.C. for their insight into