Employer Obligations
The workers’ compensation system provides compensation for employees who were injured at work or suffered an illness because of their job. If the injury is great enough to result in death, workers’ compensation benefits are paid to the employee’s surviving spouse and children or other dependants.
In most states, employers are required to purchase workers’ compensation insurance from an insurance company. In some states, large companies are allowed to self-insure, or act as their own insurance company. Small companies, those with fewer than three or four employees, may not be required to have workers’ compensation insurance. When an employee is injured and files a workers’ compensation claim, this claim is then filed with the insurance company, or with the self-insuring employer, who pays the workers’ compensation benefits. These benefits may include medical and disability compensation, depending on your state.
Unless an employer falls within a specific exception (such as the exception for small companies), the employer without workers’ compensation insurance may be fined and they may be subject to civil and criminal liability.
Duties
In most states, employers have extra duties in addition to carrying workers’ compensation insurance. These duties may include:
- Posting a notice of compliance with workers’ compensation laws at each work site in a place that’s in plain view
- Providing immediate emergency medical treatment if an employee is injured at work or on the job
- Offering further medical treatment if the injured employee is unable to pick a doctor or if the employee informs the employer in writing of a desire not to do so
- Keeping a log of injury reports for every accident that results in an injury. These reports should detail injuries that require medical treatment other than first aid or more than two treatments by a doctor or the person who provides first aid. Injury reports should also cover injuries that require time off work more than just the day or shift on which the accident occurred.
- Sending a copy of the injury to the workers’ compensation board office. The employer’s insurance company should also be provided with a copy of the report. If an employer does not make an injury report, they may be guilty of a misdemeanor crime, which is punishable by fine.
- Complying with requests for more information on injured workers when the request comes from the workers’ compensation board or the employer’s insurance company. The information that must be provided may include statement’s of the employee’s earnings before and after the accident, the date of the employee’s return to work, or any other reports that may help determine the employee’s work status after the injury.
Penalties
If an employer doesn’t have workers’ compensation insurance, that employer may be subject to the following penalties:
- Fines
- Criminal Prosecution
- The employer may be held responsible for paying workers’ compensation benefits to the inured employee
- An injured employee may be able to sue the employer, where the employee would have normally filed a workers’ compensation claim
State and Local Government Employees
The type of employees who are eligible for benefits under the workers’ compensation system varies from state to state. In some states, state and municipal government employees are covered under the workers’ compensation system and in some states, these employees are not covered.
In general, state employees who are considered state “officials” are not eligible for workers’ compensation benefits. However, there is a lot of variance in which employees are considered to be officials. Generally, if an employee implements any of the state’s independent power, it is likely that he or she will be considered to be a state official and will be ineligible for workers’ compensation benefits.
The question of whether an employee is an official often arises in connection with firefighters and police officers. They are not exactly employees and not exactly officials. Many state statutes recognize this problem and specifically apply workers’ compensation benefits, rules, and requirements to police officers and firefighters.
If you are a state or municipal government employee, you should consult a lawyer. An experienced workers’ compensation lawyer will be able to tell you if your state’s workers’ compensation statutes apply to you.
Federal Government Employees
Generally, state workers’ compensation laws do not apply to federal government employees. Federal government employees have their own system that will compensate employees who are injured at work or on the job.
The Federal Employee’s Compensation Act, or FECA, governs the workers’ compensation benefits that federal government employees can receive. Under this act, a federal government employee is eligible for benefits when that employee is disabled or killed as a result of an injury that is “sustained while in the performance of duty.”
Other classes of employees, even though they aren’t employed by the federal government, may also be covered by federal workers’ compensation laws specific to their industry. For example, the Federal Employer’s Liability Act provides compensation for employees, such as railroad workers, who are injured while engaged in interstate transportation. The Jones Act provides benefits for seamen injured at work and the Longshore and Harbor Workers’ Compensation Act provides similar benefits to longshoremen and others who are engaged in maritime activities on navigable waters. There are other laws that cover the workers’ compensation benefits for certain employees. Some of these laws include the Outer Continental Shelf Lands Act, the Death on the High Seas Act, and the Defense Base Act.
Whether your workers’ compensation benefits fall under FECA or another federal law depends on the type of work you do and your particular situation. You should contact an experienced workers’ compensation lawyer who can help you obtain the maximum benefits under the laws that govern your employer.
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