Not only does an employee expect a safe work environment, the law demands it. Laws governing worker's compensation are designed to protect workers and their loved ones if injured while on the job. Essentially, the injured employee receives money and medical benefits in exchange for forfeiting the right to sue an employer - benefiting both the employee and the employer.
Employer's Responsibilities in Preventing and Handling Work Injuries
Employers are required to purchase insurance covering employees from a worker's compensation carrier. Information for the insurance policy's contact must be prominently displayed in a place easily accessible to employees.
Employers are also encouraged to actively prevent injuries with safety programs. These programs include:
- Written rules and procedures
- Periodic inspections
- Compliance with the Occupational Safety & Health Act (OSHA)
There are many steps that come into play if an injury occurs. For example, an employer must provide immediate medical care if needed. Shortly thereafter, a report of the injury is completed and filed with the worker's compensation board office.
Additionally, the employer must provide the employee with a claim form. Once completed, the employee can file the claim for review.
Penalties for Failing to Meet Responsibilities
There are a wide range of penalties that can apply to an employer who fails to meet these responsibilities. They include fines, criminal charges and potential personal liability for workers' compensation benefits.
If an employer fails to obtain worker's compensation coverage, an injured employee can file a civil lawsuit. This can result not only in monetary penalties, but also injunctions and stop-work orders against the employer.
Bringing a claim for these penalties is difficult, and worker's compensation claims have specific procedural requirements. However, remedies are available if an employer violates worker's compensation obligations. As a result, it is important to seek the counsel of an experienced workers compensation lawyer to ensure all legal rights are protected.
