Attorney Esequiel Solorio is a certified specialist in workers’ compensation law as certified by The State Bar of California Board of Legal Specialization.

Employer duties to employees in workers’ compensation cases

On Behalf of | Apr 27, 2017 | injured workers' rights

Employers across most states are required to provide workers’ compensation insurance or either self-insure in order to be in compliance with state laws. Any employer that fails to take out their state’s required minimum workers’ compensation benefits stands the potential of not only being fined, but being held both criminally and civilly liable for not doing so as well.

Workers’ compensation coverage is intended to cover a worker who suffers a workplace injury medical costs and disability. All workers’ injury cases are filed with the employer’s insurance carrier as opposed to filing a lawsuit against an employer in an individual capacity. Payments are rendered in accordance with the individual state’s pre-approved formula for rendering payment on damages.

In addition to providing worker’s compensation coverage, in many states, employers are also required to perform a number of duties for their employees as well. These include conspicuously posting workers’ compensation laws at every job site, seeking out immediate emergency care for injured employees and providing notice of a workers’ compensation incident to the local governing authority.

Additionally, workers’ compensation laws require employers to be responsive to both the board and insurance company. This includes providing them with the requested earning statements for the employee both prior to and following the accident as well as the date their employee returned to work.

Workers’ compensation laws also prohibit an employer from engaging in blatant discrimination against employees who file workers’ compensation claims. This includes forbidding retaliatory discharge of an employee who files such a claim as well.

If you work for an employer that has failed to uphold his or her responsibilities associated with the filing of your worker’s compensation claim or have been either discriminated against or fired as a result of pursuing your case, a Modesto, California, workers’ compensation attorney can help you learn more about the legal options you have.