Being an employer comes with a lot of responsibility. It is important that you think about the responsibilities that you have, as well as what the employees need. This is important to consider, especially when an employee requires workers’ compensation and you want to know if you are entitled to get it or if you have to provide it if you are an employer.
In most states, employers are responsible for the coverage of their employees. This includes workers’ compensation coverage on the employees that require it. Larger companies can get this insurance from themselves or act as their own insurance, while smaller companies have to purchase through an insurance agency who provides the necessary coverage on the employees who they work with. If the company has four or fewer employees, they do not have to carry any insurance and are not liable to do so. If you have questions in regards to what you are liable for as an employer search for workers’ compensation attorneys San Rafael.
When the employee or if they become hurt, they then have to file the claim through the appropriate channels and with the necessary paperwork. This is then filed through the insurance company or through the employer themselves. Each state has a specific formula that they use to determine the outcome of the workers’ compensation amount.
When it comes to employers, except those who are exempt from having to do so, that are found to not have the proper insurance or coverage on their employees are liable to prosecution and even criminal penalties. This is because it is a civil liability and duty to provide this type of coverage for those who are working under an employer.
What Happens if Coverage is Not Provided?
There are a number of issues that can arise when an employer does not have this type of coverage on their employers when they are supposed to. When found that they do not, they can face a lot of different charges.
- Criminal Prosecution
- Large Fines
- Personal liability for any amount that the employee is entitled to from the injuries that they have gone through that were not covered with the appropriate coverage
- An employee can sue the employer because of the claim not being covered due to the employer not having the necessary coverage on them when it is important that they do
Each case is different, so it is important to consider what the certain situation is and how to deal with it, or how it might be covered.
Employers Also Have to Provide Other Accommodations
Employers not only have to provide the necessary workers’ compensation but they also have to make sure to provide the other coverages and accommodations for their workers to meet their needs. These include, but are not limited to:
- Post a label or warning about their compliance with workers’ compensation laws in the workplace for employees to view
- Reports provided to everyone regarding the incident that happened, who is covered, what they covered, what the insurance offers, and more. This is for everyone’s records and to show that the company complied with the local and state laws with workers’ compensation
- Write an explanation of how the employee has wasted time and effort and has reduced the number of working hours or amount they have earned to maintain a living because of the accident that occurred within the facility – the employer has to listen to the employee and provide reasonable accommodations because of this
- They should provide further medical attention should the employee require it if something happens, or if they do not see the appropriate person for the work provided
- They have to provide the information that is requested about the workers’ compensation coverage options that employees have when they are in need of if something were to happen
There are many things that you have to consider as an employee. If you are an employee who is being denied this type of coverage, documentation or accommodation; you are able to file a lawsuit against them because according to most state laws, an employer has to provide this type of coverage for their employees. This is dependent not only on the state but also the company that is hiring individuals to work for them.
The Employer Cannot Retaliate
The employer has a duty to not retaliate against the employee. Usually, employers will frown upon those who submit a workers’ comp claim. This is because they do not want to pay them, and they may even deny paying them because of ‘failure to provide proof’ or another reason. However, this happens often and usually, the employee is in the right and does require this type of compensation or coverage from the employer.
The employer has a duty to provide the coverage to the employee when the necessary paperwork is handed in. Once it is, they can then go about a way to bring the employee back once they are healed. This is why this type of insurance coverage is generally wanted or needed to cover the employees in the event that something like this happens.
They cannot discriminate against the employee for requesting this type of compensation when they qualify for it. Even if the case is not something that they feel is what they should have to cover, being able to have the legal help that is needed when your case is denied is the best thing that you can look forward to having. These professionals can provide more information regarding what is necessary for you to do in order to get the compensation that you need.
If you want to learn more about employer responsibilities and workers’ compensation, then it is important to reach out to the right legal office to provide the help needed. You can call the Law Office of Daniel Hegwer to find out how they may be able to provide the help you need. Once you do, you can then find out if they are able and willing to provide the help needed. You just need to make sure to explain the issues you’re faced with and what you need help with.