An employer's obligations under workers' compensation

Every employee has specific rights under the law and every employer has specific legal duties under the rules for workers' compensation.

With specific regard to workers' compensation laws, most workers in Omaha can expect employers to do the following:

-- Have a notice posted that the workplace complies with all workers' compensation laws. This notice should be easily accessed and readily visible to employees.

-- Complete an injury report after a worker gets hurt, and then submit the report to the workers' compensation board. The insurance company of the employer should also receive a copy of this report.

-- Provide immediate medical treatment for employees who get hurt while performing their job duties.

-- Furnish additional medical treatment to an injured worker who can't select a doctor.

-- Create a written report that details all employee accidents that result in time away from work or require medical care or over two visits or more to a medical provider.

-- Comply with requests for more information about worker injuries from the insurance company or the workers' compensation board.

If an employer fails in carrying out any of the above obligations, that failure could serve as evidence of noncompliance with the law if a workers' comp claim ends up being pursued in court. In some cases, a failure can even be considered a misdemeanor and is punishable by fines.

Ultimately, if you have been denied any of your workers' comp rights related to medical care, the payment for that care and compensation for your lost wages after a job-related injury, it may be time to seek legal assistance. An experienced workers' comp attorney can assess your case and help you better understand your options going forward.

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