Handling a Claim: Employer and Employee Responsibilities
When an employee is injured while at work, there are certain procedures which must be followed and responsibilities which both the employer and employee must fulfill in order for things to proceed smoothly. Although the specifics of the laws will vary from state to state, there are some general responsibilities which apply across the nation.
Employer Responsibilities:
- You are responsible, first and foremost, for attempting to avoid workplace injuries by providing your employees with a safe place to work.
- If an employee is injured, you are responsible for making sure that a First Report of Injury, or other similar document, is completed and forwarded to your workers' compensation carrier.
- You are responsible for making sure that you do not violate any laws or rights of the injured employee. If an injured employee needs medical attention for a serious injury, allow them to see the company doctor or leave work to see their own doctor.
- You are responsible for cooperating with your workers' compensation carrier, and their attorneys, in investigating the matter. It is likely that these parties will need documentation from you of the injured employee's payroll history. They may request a copy of the injured employee's personnel file. They may ask to speak to the injured employee's supervisor or co-workers to confirm the injured employee's story. Provide them with timely assistance. If you are contacted by an attorney for the employee, inform your workers' compensation carrier or their attorney. Do not provide documents to anyone else. Let your carrier and their attorney take care of those requests, if appropriate.
- You are responsible for welcoming an injured employee back into the workplace once they are physically ready to resume employment. You may not penalize or terminate an employee for the mere fact that they have filed a workers' compensation claim. If you do, you may face serious civil or criminal charges.
- You are responsible for assisting your state workers' compensation board in curbing fraud. Most people are aware that an employee can commit a fraud by lying about an injury, or exaggerating symptoms. However, employers can also commit workers' compensation fraud. For example, you cannot fail to provide your carrier with First Reports of Injury in the hope that if you keep your claims history down you will avoid an increase in premiums or headaches. However, it will not take long for your injured employees to figure out why they are not getting the benefits they are entitled to.
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