Employers in most states are required to purchase workers' compensation insurance for their employees. In some states large employers can act as their own insurance company and some small companies with three or four employees do not have to carry it. If you are injured your claim form is filed with the insurance company or self-insuring employer, who pays the disability benefits and medical bills according to a state approved formula which can vary from state to state.
Employers unless they are exempted, without workers' compensation insurance are subject to fines, criminal prosecution, and civil liability.
PENALTIES
Failure to provide workers' compensation insurance coverage can result in:
- Fines,
- Criminal prosecution
- Personal liability of the employer for any workers' compensation benefits due injured workers; and
- An employee's exercising the option to sue the employer rather than file a compensation claim.
DUTIES
In addition to providing workers' compensation coverage, in most states, employers must perform some, if not all, of the following duties:
- Post a notice of compliance with workers' compensation laws in a conspicuous place at each job site;
- Provide immediate emergency medical treatment for employees who sustain on-the-job injuries;
- Furnish further medical attention if an injured worker is unable to select a doctor or advises the employer in writing of a desire not to do so;
- Complete a report of the injury and mail it to the nearest workers'compensation board office. A copy of the report should also be mailed to the employer's insurance company. An employer who refuses or neglects to make an injury report may be guilty of a misdemeanor, punishable by a fine;
- Make a written report of every accident resulting in personal injury that causes a loss of time from regular duties beyond the working day or shift on which the accident occured or that requires medical treatment beyond first aid or more than two treatments by a doctor or persons rendering first aid;
- Comply with all requests for further information regarding injured workers by the workers' compensation board or the insurance company, such statements of the employee's earnings before and after the accident, reports of the date of the employee's return to work, or other reports that may be required to determine the employee's work status following the injury.
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