Workers’ Compensation laws are a protection for employees who may have accidents or injuries while on the job. Workers’ Compensation laws include medical care, rehabilitation services, indemnity wages, and death benefits.
Under these laws, every employer pays benefits directly to their employees or buys insurance. Failure to secure Workers’ Compensation insurance leaves employers liable. They could experience criminal prosecution, fines, and other civil liabilities.
Limited categories exempt some employers. The majority of employers are responsible for employees injured on the job.
What Workers’ Compensation Covers
The Workers’ Compensation laws only cover job-related illnesses or injuries. This may include, but are not limited to, the following instances:
- Sudden accidents such as falling or slipping
- Injuries while on office errands
- Computer-related stress injuries such as eyestrain, back problems, and carpal tunnel syndrome
- Air pollution
- Exposure to chemicals in the workplace
- Illnesses may result from working conditions. These could include lung disease, heart conditions and digestive problems resulting from stress.
Our Nassau Workers’ Compensation attorney assists you when making a claim. This is especially true for indemnity wages and medical care should employees decline to provide them.
What Isn’t Covered by Workers’ Compensation
However, not all injuries, illnesses, and problems receive coverage under the Workers’ Compensation law. Coverage and indemnification may be denied in the following circumstances:
- Injuries that are self-inflicted
- Injuries that are felony-related
- Injuries that result from drugs or intoxication
- Injuries caused by violation company policies
- Injuries that are sustained while off the job
- Injuries that are claimed after termination
- Injuries sustained by an independent contractor
Employers Must Fulfill These Duties in a Workers’ Compensation Case
It is the employer’s duty not just to provide compensation coverage through Workers’ Compensation insurance, but also to fulfill the following responsibilities:
- Provide immediate medical attention or emergency treatment to employees who suffered injuries while on the job.
- Provide further medical attention if an employee does not wish to select a doctor or cannot do so.
- File a report with the Workers’ Compensation board about the injury.
- Provide a written report of the accident and the loss of time from work when treatment beyond first aid is required.
- Follow requests for information on the injury
A notice of compliance should be posted in a conspicuous location at the job sites for all employees to see. In a consultation, our Nassau Workers’ Compensation attorney can tell you that it is an employer’s duty to provide for these benefits without retaliation. Employers should not discriminate or harass injured employees.
Contact Our Nassau Workers’ Compensation Attorney for a Consultation
Some employers punish injured employees by discriminatory treatment in the form of salary reduction or demotion. Others do it by discharging injured employees or terminating them. In such cases, Robert Golan, PC, our Nassau Workers’ Compensation attorney helps file civil actions for retaliatory discharge. Take advantage of the law that provides for protection of employees from their employers’ discriminatory conduct. Contact Robert Golan, PC for a no-obligation consultation at 516-586-3910.Share This