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Employer Responsibilities in a Workers’ Compensation Claim

Although the specific regulations vary from state to state, most employers are required by law to purchase workers’ compensation insurance for their employees. As an employee, this insurance requirement enables injured workers to receive compensation for medical expenses related to work injuries, regardless of who was responsible for the accident that caused an injury. Workers will usually also be eligible for compensation for lost wages. According to the Social Security Administration, more than $60 billion a year is paid out in workers’ compensation benefits. There is absolutely no shame in collecting the benefits that you’re rightly owed.

Of course, it is necessary to file a workers’ compensation claim in order to receive these benefits. In order to do this, you will need your employer to file a First Report of Injury with their workers’ compensation insurance provider. Although some of employers are exempt from the workers’ compensation requirements, any employer who is not exempt is under a legal obligation to submit this First Report of Injury on the worker’s behalf in order to begin the claims process. This is only one of the many legal responsibilities that an employer has whenever a workers’ compensation claim has been filed.

Employers’ Responsibilities

First and foremost, an employer is required to ensure a safe working environment in order to minimize the risk of injuries. However, injuries can and do happen in any situation no matter how many precautions you take. In this case, workers’ compensation is there to ensure you’re not left to struggle with the medical expenses on your own.

As soon as an injury occurs, your employer is required by law to provide you with any necessary emergency medical treatment or allow you to seek treatment. If you choose not to select your own doctor for any further medical treatments or are unable to do so, your employer must also furnish any additional medical care you need.

After you have filed a claim, your employer is also under obligation to comply with any requests from the insurance company or the workers’ compensation board. As part of this, they must provide any requested evidence related to the injury or the terms of your employment. When you are finally physically ready to come back to work, the employer is also required to welcome you back openly and without a grudge.

Right to Non-Retaliation

One of the primary duties of the employer is to guarantee you your same position and salary when you return to work. The law states that an employer is not allowed to retaliate or discriminate against an employee for filing a workers’ compensation claim. If your employer fires you due to your workers’ comp claim or otherwise attempts to harass or discriminate against you in any way, you may be entitled to file a civil suit against the employer for retaliation. Similarly, if you find yourself facing a demotion or a drop in salary once you return back to work following your injury, workers’ compensation lawyers Long Island trusts may also be able to help you receive compensation for this discrimination.

Filing a workers’ compensation claim is your legal right, and no employer can punish you simply because you were injured on the job and chose to file a claim — even if the accident was your fault. In fact, the law specifically states that you are protected from discrimination from the moment an injury occurs. In this way, even if you have yet to file a workers’ compensation claim, you may still be entitled to compensation should your employer try to discriminate against you or fire you for your injury.

In addition to being required to provide you with workers’ compensation insurance, your employer also has a number of other important legal responsibilities once you do file a claim. This makes it essential that you fully understand your rights in order to ensure that you receive the medical care and compensation you deserve. However, if you feel your employer is neglecting any of their responsibilities or if you’ve been discriminated against for filing a workers’ compensation claim, don’t hesitate to speak with an experienced workers’ compensation lawyers Long Island can count on to ensure your rights as an employee are respected.

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