Employer Responsibilities

Each state has its own specific regulations regarding an employer’s responsibilities in workers compensation claims. By law, most employers are required to have workers compensation insurance available for purchase to their employees. Workers compensation is beneficial to employees because it helps them receive compensation for injuries sustained at work. It can help cover lost wages and medical expenses, regardless of who was responsible for the injury. Over 50 billion dollars a year is given in workers compensation according to the Social Security Administration. There should be no shame associated with collecting compensation from your employer for injuries you sustained while working. It is necessary to file a claim with workers compensation in order to obtain your benefits, so be sure to do this. However you will need your employer to file a first report of injury with their insurance company before you file a claim. Some employees may not be allowed to file for workers compensation, but the first report of injury must still be reported.

Employers’ Responsibilities

An employer is always required by law to have a safe workplace in line with regulations. This minimizes the risk of injuries, but does not always prevent them. Workers compensation is around so that you are not left with overwhelming medical expenses and lost wages due to a workplace injury. Immediately after your accident occurs, your employer must provide you with any emergency medical treatment available. If you do not choose your own doctor or unable to go see one, your employer must provide any additional medical care and choose a doctor for you. After your claim is filed, your employer must comply with any requests from the workers compensation board (whether it is providing you with a chair, longer breaks, etc). When you are physically able to come back to work, your employer is required to offer you your job back.

Contact an Attorney

Your employer must give you your same position and salary back when you return to your job. They are not allowed to discriminate against you for filing a claim against their company. If you are fired due to your claim, harassed or discriminated against by your employer, you can file a civil  lawsuit against them for retaliation. If you experience a decrease in salary or are demoted when you return to your job, you can also file a civil lawsuit. You should consider contacting experienced Nassau County workers compensation attorneys if you are considering pursuing a civil lawsuit against your workplace. They can help further assist you in court, in your claim, and make sure that you receive a fair compensation in the settlement.

Thanks to our friends and contributors from Polsky, Shouldice & Rosen, P.C. for their insight into workers compensation.