When you need to make a claim for a work-related injury, it’s important that it’s handled swiftly and appropriately. The employer has a responsibility to provide a safe place to work for all employees, and when an employee is hurt, a First Report of Injury form should be completed and forwarded immediately to the workers’ compensation company.
After this form goes to the carrier, both the employee and employer should work with the carrier to provide evidence, forms and other information about what happened in a timely manner. The carrier might need information about the employee’s payroll and could want to ask the employee about the accident directly. Additionally, the company will likely want to confirm the person’s story by talking to the employer, coworkers and others who were present at the time of the accident.
When the employee seeks medical attention, workers’ compensation, if approved, should cover the expenses of the visit to the doctor and any other care needed in relation to the injury. Once the employee is in a position where he or she can return to work, the employer has a responsibility to welcome that employee back. It is against the law to penalize or terminate a person who was hurt on the job simply because a workers’ compensation claim had to be filed.
For workers who are penalized, they have the right to file a claim against an employer for unfair termination or discrimination based on the workers’ compensation claim. If the workers’ compensation claim is denied after a workplace accident, workers may also be able to appeal or sue the employer directly.
Source: FindLaw, “Handling a Claim: Employer and Employee Responsibilities,” accessed Dec. 02, 2016