You Versus Your Employer’s Responsibilities in a Worker’s Comp Claim

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If you are making a claim for compensation due to an occupational injury, disease, or fatality, it’s important to understand what you are responsible for and what your employer is responsible for. Workers compensation is mandated by individual states and is a critical part of protecting employees in the American workforce. Workers compensation is a required and necessary part of taking care of your employees to the fullest extent.

However, employers do ultimately have their best interests and their financial needs in mind as they consider your workers’ compensation claim. Seeking consultation from personal injury lawyers and experts on workers compensation at Franco Law Firm can help you understand the benefits you may be entitled to in your workers’ compensation claim.

If you have filed a claim against your employer and feel they are not providing you with the compensation that you are entitled to, we are here to give you feedback and counsel based on the specifics of your claim.

As an employer, if you fail to provide workers compensation to your employees, you risk being fined, prosecuted, and penalized for the negligence of your employees should someone be injured on the job. Employers are also required in most cases to provide immediate treatment to an injured employees should they sustain an injury, and they must also develop a written report of the incident if it causes a loss of time from the employee’s regular duties, as well as if that employee requires medical treatment beyond first aid or more than two treatments by a medical doctor.

There are also systems in place to ensure the employee is not discriminated against should they file a claim for workers compensation. If an employee believes they have been discriminated against or discharged as a result of exercising their rights for workers compensation, the employee may have cause to file a claim against the employer for retaliatory discharge.

Though no one wants to have to use their workers compensation—everyone would prefer not to suffer an injury at work—it is a reality that all employees and employers must be aware of and follow the systems set in place to protect both the employer and the employees.

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