Although worker’s compensation laws differ somewhat from one state to another, the overall worker’s compensation system is the same across the United States. Employers across the U.S. have similar obligations when it comes to their responsibilities after a worker has been injured on the job.
Provide Written Information About Rights Under Worker’s Compensation Laws
Typically, an employer provides an employee written information about worker’s compensation at the time of hire. With that said, when an employee is injured, an employer is obliged to provided that individual with written information about his or her rights under the worker’s compensation laws of a state. This information usually is provided in the form of a pamphlet.
The written information provided to an injured employee must include specific information about how to file a claim for compensation in the aftermath of an accident. The written materials must itemize the benefits available to an employee following a work related injury.
Included within the written information must be a statement that an employee has a right to medical treatment. On a related note, the employee must be informed that he or she also has the right to change treating physicians. (A business, company or firm oftentimes makes a referral of an injured employee to a particular doctor in the first instance.)
The written materials provided to the injured worker must specifically identify the worker’s compensation insurance carrier. Some companies are self insured. What this means is that the company pays work related injury medical expenses on its own. In such a situation, the worker must be advised of that fact and provided the name of the contact person associated with the business that handles worker’s compensation claims adjustments.
Provide Worker’s Compensation Claim Form
An employer cannot delay in providing an injured worker an appropriate claim form. Indeed, the laws on the books in all states generally obligate an employer to provide a worker’s compensation claim form no later than 24 hours following an injury.
Provide Employee Leave from Work Suitable to the Injury
Following an injury, an employer must permit an injured worker the ability to take appropriate leave from work consistent with the type of injuries sustained. An injured worker cannot be penalized through employment termination.
An injured worker best protects his or her rights and interests in the aftermath of a workplace injury by seeking appropriate legal assistance. Towards this end, an injured worker should schedule an initial consultation with an experienced worker’s compensation attorney.
Contact attorney Bryan Caulfield today to get started on your case!