Workers’ compensation protects an employer from facing personal injury lawsuits from their employees. However, there are things that the employer must do as part of the program. Otherwise, they may face lawsuits or enforcement action from the state.
Employers Must Have Workers’ Compensation Insurance
The employer’s foremost workers’ compensation obligation is to pay the premiums for their policy. Businesses over a certain size must have workers’ compensation insurance. If an employee is injured and their employer does not have insurance, the worker may sue the employer in a personal injury lawsuit. If the employee can prove negligence, the employers would need to pay out of their own account, and this could put them out of business. Employers must continuously pay the premiums for their policy.
In addition, employers also need to notify employees of their rights under the workers’ compensation program. Usually, this means posting clear notices throughout the workplace about the workers’ compensation program. This would include information on what an employee should do if they are injured on the job.
You Must Be Allowed to File Injury Reports
While you have obligations to report your injury to your employer within the statutory deadlines, they have requirements too. Your employer cannot prevent you from filing an injury report. They may not like it when employees file insurance claims because it could raise their premiums. Nonetheless, they must accept the injury report when you make it. After the report is filed, your employer must notify the insurance company. They must also file a report of the injury with the relevant state workers’ compensation board.
During the course of your claim, the employer may be asked for certain information by either the insurance company or the workers’ compensation board. They must comply with these requests and furnish the information in a timely manner.
There Is an Obligation Not to Retaliate
Then, your employer has an obligation not to discriminate against you because you have filed a workers’ compensation claim. They are not allowed to retaliate against you in any way for making a claim. This includes things like:
- Firing employees
- Cutting their hours
- Other adverse employment actions
- Downgrading performance evaluations
If an employer retaliates against you for filing a workers’ compensation claim, they can be sued for discrimination. You can even file a lawsuit for more subtle types of discrimination. You do not even need to prove that filing the workers’ compensation claim was the sole reason for the adverse personnel action.
Illinois and Missouri Workers’ Compensation Attorneys
If you have been injured on the job, Walton Telken can help you. Call us today at (844) 307-7349 or contact us online to learn more about your workers’ compensation claim.
What Will Workers’ Compensation Cover?
If your claim is granted, you will receive payment for medical bills and partial lost wages.
What if My Claim Is Denied?
You have the ability to file an appeal with a state review board.
What if I Cannot Work Again?
You can receive a lump-sum settlement or file for disability benefits.