Employers have a number of obligations under the workers’ compensation system. If these requirements are not met, employers can be fined and injured employees may be able to sue an employer in court.
Carry Workers’ Compensation Insurance
If a business lacks the workers’ compensation coverage required by law, employees may file a lawsuit against the business in civil court or, in some states, file a workers’ compensation claim against a special uninsured employers fund (for instance, California has the Uninsured Employers Benefits Trust Fund).
Post Notices and Advise Employees of Their Legal Rights
Employers must post required notices in a convenient location frequented by employees during working hours. The notices or posters contain important information about employees’ rights and:
- provide the name of the company’s workers’ compensation carrier, or the fact that the employer is self-insured, as well as who is responsible for claims adjustment
- state that injured workers have the right to receive medical treatment and to select or change treating doctors, and
- give details about available workers’ compensation benefits.
Employers must also notify new hires of the above information.
Provide Claim Forms to Injured Employers
Employers must typically provide injured employees with a workers’ compensation claim form within 24 hours of receiving notice of the injury. Employers must also supply the employee with written information (usually a pamphlet) about the employee’s rights under the workers’ compensation system. The written material should provide details about available benefits and how to file a claim.