Free Employer Responsibilities FAQs | Free Employer Responsibilities Legal FAQs

Can employers threaten employees for filing workers' compensation claims?

Tue, 01 Jul 2008 22:30:48 GMT

No. Most jurisdictions have “anti-discrimination” laws that prevent an employer from taking any retaliatory action against an employee who has filed a workers’ compensation claim. Employers who threaten to terminate or otherwise take negative action against an employee for filing a claim for workers’ compensation arising from an injury that took place during the course of employment may be in violation of these laws and subject to penalties.

I Do Not Have Workers Compensation Insurance To Cover My Employees If They Are Injured. Can I Get In Trouble For This?

Wed, 26 Dec 2007 18:48:40 GMT

Yes. Criminal charges and fines may be imposed on employers who do not carry workers’ compensation insurance. The workers’ compensation statute that is in effect in your jurisdiction will usually state what the penalty will be for failing to carry workers’ compensation insurance.

Can my employee waive workers compensation?

Tue, 01 Jul 2008 22:34:10 GMT

Workers’ compensation laws are mandatory in most states and can not be waived. Even if an employee has signed an employment contract that includes wording which states that the employee agrees to waive their rights to workers’ compensation, the right to workers’ compensation will not be waived. In some limited circumstances, if a prospective employee has a condition or characteristic that could make injury more likely for them, an employer may be exempt from having to provide workers’ compensation insurance for that employee.

One Of My Employees Was Injured On The Job, But I Never Reported The Employees Claim To My Workers Compensation Insurance Carrier. Can I Get In Trouble For This?

Wed, 26 Dec 2007 18:48:41 GMT

It is the responsibility of every employer to report an employee’s workers’ compensation claim to their workers’ compensation insurer. An intentional failure of an employer to report a worker’s claim to their workers’ compensation insurer for the purpose of avoiding increased premiums or costs will be punishable by criminal penalties. The workers’ compensation statute in your jurisdiction will usually state what the penalty will be for failing to report an employee’s injury to your workers’ compensation insurer. You may even be subject to a law suit by an injured employee or the commission who oversees workers’ compensation in your jurisdiction for failing to report a workers’ injury.

Do I Have A Choice Of Where I Can Obtain Workers Compensation Insurance To Cover My Employees?

Wed, 26 Dec 2007 18:49:45 GMT

In the majority of jurisdictions the answer is yes. Most states will allow employers to choose their workers’ compensation insurer. However, a minority of states require employers to obtain workers’ compensation insurance from a state agency that provides workers’ compensation insurance to every employer in that state.

If my employee was injured outside of work, does workers compensation cover the expenses?

Tue, 01 Jul 2008 22:44:49 GMT

Depending on your jurisdiction, your employer’s workers’ compensation insurance carrier may or may not cover employees who are unable to work due to an injury that occurred outside of the workplace. However, in some jurisdictions workers’ compensation insurers are able to cover injuries that occur outside of the workplace. Most jurisdictions will have state sponsored disability insurance providers, who operate separate from workers’ compensation insurers that cover employees who are unable to work due to injuries that occur outside of the workplace.

As An Employer, How Do I Know Whether My Business Is Subject To A Workers Compensation Statute?

Wed, 26 Dec 2007 19:49:06 GMT

Most jurisdictions will have exceptions to workers’ compensation statutes that allow certain employers to not have to provide workers’ compensation insurance for the benefit of their employees. Generally, these exceptions will apply to employers that employ a small number of employees (workers’ compensation statutes will usually give a number of employees, and if an employer employs less than that number they will be exempt from having to provide workers’ compensation insurance), employers who employ “independent contractors”, or when a business relationship is classified as a partnership rather than an employer/employee relationship.

What happens if my employee files a fraudulent claim?

Tue, 01 Jul 2008 22:49:54 GMT

If an employee knowingly make any false statements or file any false claim with the purpose of receiving workers’ compensation benefits, he/she will most likely not be able to receive any workers’ compensation and may even face criminal penalties

My Company Consists Of Several Interrelated Entities. Which Company Is Required To Provide The Workers Compensation Coverage?

Wed, 26 Dec 2007 18:49:46 GMT

If an employee is employed by two different employers for the purposes of performing the same employment duties (e.g. a company that is under the control of a parent company or corporation) usually both employers will be jointly liable for providing workers’ compensation benefits through an insurer.

Why Is Workers Compensation Good For Me, As An Employer?

Wed, 26 Dec 2007 18:49:47 GMT

The main benefit of workers’ compensation statutes for employers is that it will preclude an employee from suing an employer for an injury that occurs during the course of an employee’s work. One of the main purposes of workers’ compensation is to provide a remedy to an injured employee that does not take into account whether an employer is at fault for that injury. Therefore, a workers’ compensation insurer or the administrative body of a workers’ compensation statute will not consider whether an employer was at fault for an employee’s injury, but only whether the type of injury is covered under the workers’ compensation statute.

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