Worker safety and compensation after an injury is important. When you need workers’ compensation due to an injury suffered at work, do you know who provides it? A lot of employees don’t recognize the different regulations involved with workers’ compensation until they suffer an injury. When it comes to injuries in the work place, it is usually up to the employer to provide coverage for the employee. Here is what you need to know about employers and workers’ compensation benfits.
Duties of the Employer
Most states require employers to have insurance coverage for employees in the form of workers’ compensation. In some states, if a company is large enough, it can create its own workers’ compensation coverage for its employees with assets. Smaller companies, on the other hand, may not have to have coverage at all. Every state is different.
In addition to providing employees with workers’ compensation, the employer must post a notice of the workers’ compensation laws and rules. These employers must also provide the emergency medical attention if you are injured while at work. If the employer knows about the injury, then he or she must file a report with the workers’ compensation board office.
Penalties for the Employer
What happens if your employer does not purchase workers’ compensation coverage? In these instances, you may have to file suit against the employer him or herself. Normally, workers’ compensation is the only option that you have. When you are not given this basic option, then you have to turn elsewhere for your claims. If an employer fails to provide coverage, then he or she may suffer criminal prosecution, fines or will be personal liable.
Employer retaliation is not allowed. If you file a workers’ compensation claim, your employer is not allowed to retaliate against you. For instance, some employers may try to fire the employee or discourage him or her from making the claim. You cannot be discriminated against after you suffer an injury at work. You have the right to file a claim for workers’ compensation without fearing discrimination or losing your job.
In most states, it is up to the employer to purchase workers’ compensation coverage. No matter what type of situation you are in, if you are considering filing a workers’ compensation claim, then you should contact a workers’ comp attorney in New York as soon as possible. A lawyer will work with you to figure out if you qualify for benefits. Never hesitate to schedule a consultation.
Thanks to Polsky, Shouldice & Rosen, P.C. for their insight into workers compensation and the role of employers.