- Accident and Injury Law
- Workers Compensation Lawyers
- Employers Responsibilities
- List of Employer Duties
In many states, employers must perform most of the following duties:
- Providing immediate medical treatment for those sustaining on-the-job injuries
- Posting workers’ compensation laws in a easily accessible and viewable area at the job site
- Completing an injury report and sending it to the closest workers’ compensation board office
- Writing a report of every accident that causes a personal injury and results in a loss of time from regular duties beyond the work shift on which the incident occurred or requiring medical treatment beyond first aid or two treatments by a physician
- Complying with request for information regarding injured workers, including earnings before and after the injury or the date the employee returned to work
In addition to providing compensation to injured employees, workers’ compensation laws also protect employers by allowing the injured employee only one way to seek compensation from the company. Even so, some employers still discriminate against workers who file workers’ compensation claims. Because of this, state laws prohibit employers from discriminating against, firing or punishing workers who exercise their rights under workers’ compensation laws. If the employer discriminates against these workers, the employee can bring a civil action against the company for "retaliatory discharge".
In a retaliatory discharge lawsuit, the injured worker must prove to the court that, more likely than not, he or she was wrongfully fired. In these cases, the worker doesn’t have to convince the judge that their workers’ compensation claim was their only reason for being terminated. Generally, the employee only needs to prove that the firing was significantly influenced by their decision to exercise their rights under workers’ compensation laws.
In addition to termination, discriminatory practices against an employee may come in the form of a demotion or a salary cut. These practices are illegal, as workers are protected from discriminatory actions following the accident and prior to the filing of a workers’ compensation claim.
If you feel your rights under workers’ compensation have been violated, speak with a workers’ compensation attorney immediately.