MightyRecruiterThe workers’ compensation system entitles injured workers to various benefits. It is insurance coverage for employees sustaining an injury or suffering an illness as a result of job-related duties. Coverage includes rehabilitation and medical expenses and missed wages when an employee is injured on the job. It is important to note that workers’ compensation is handled at the state level, so each state’s system and laws may be different. Here are several frequently asked questions about workers’ compensation with general answers. For state specific information, it is best to refer to your state’s workers’ compensation agency.
1. Question: Do I Need to Provide Workers’ Compensation Insurance for My Employees?
In most cases where you have at least one employee, the law will require you to carry workers’ compensation insurance. However, states differ in this requirement. For example, in Arkansas, workers’ compensation may not be required for employers with less than three employees.
2. Question: Are Directors or Executive Officers of a Business Included in Its Workers’ Compensation Insurance Policy?
Typically, all employees of the business, including directors and executive officers, must be covered by the policy unless they are the sole proprietors of the organization. In that case, they may opt out of coverage.
3. Question: Can I Ask My Employees to Help Pay for Workers’ Compensation Insurance?
No, you cannot require employees to help fund the insurance premium. Workers’ compensation insurance is the employer’s cost of doing business.
4. Question: What Should I Do When an Injury Occurs to an Employee on the Job?
When an employee is injured at work, you should get them medical help immediately. Then, it is essential to follow your state’s filing requirements. Usually this involves time limits for filing claims and ensuring you are completing the correct paperwork.
5. Question: What Does It Mean If an Employee Has Work Restrictions?
If a treating physician reports that an employee may return to work under specific activity restrictions, any work assigned to the employee must meet these limitations. For example, you may elect to change certain tasks or provide helpful tools or equipment. If you do not have a role open that meets the restrictions, you cannot require the injured employee to work.
6. Question: What Type of Work Can I Offer an Injured Employee Who Is Ready to Return to Work?
The job you offer the returning employee must adhere to the work restrictions in the physician’s report. The proposal could include the employee being fully released to perform job duties as normal, modified work requiring modifications to the existing job duties or alternative work that means the employee must be moved to a different position with different duties.
7. Question: What Does Workers’ Compensation Cover?
The workers’ compensation system covers only work-related injuries or illnesses. It is important to know that the illness or injury does not necessarily have to transpire in the workplace. It is covered as long as it is job-related. In addition, pre-existing conditions that are aggravated by work duties may be covered, along with injuries occurring at work-sponsored activities.
8. Question: What Benefits Are Available Under Workers’ Compensation?
These are benefits available under the workers’ compensation system:
• Vocational rehabilitation privileges
• Replacement income when employees miss work
• Payments for medical costs, such as prescription drugs, surgeries, and doctors’ visits
9. Question: What Are an Employer’s Responsibilities Under Workers’ Compensation?
Employers have a number of obligations under the workers’ compensation system:
• Post notices
• Advise employees of their legal rights
• Carry workers’ compensation insurance
• Provide claim forms to injured employees
Making sure you carry workers’ compensation insurance is the best way to guarantee you are legally protected against claims from injured employees.
Legal Disclaimer
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.