Workplace injuries should always be taken very seriously, as they affect both the employee who is injured, and the employer responsible. In the incident that an injury takes place, it’s crucial that the employer immediately gains an understanding of how the employee got hurt, in order to confirm it happened while on the job.
Workers’ Compensation Reporting
Workers’ Compensation laws obligate employers to report injuries promptly, as soon as they become aware of them. If the state discovers a willful delay in reporting an employee’s injury, they will definitely financially penalize you as the employer. Filing a claim with Workers’ Compensation upon employee injury does not mean you are admitting liability. In the end, it will actually protect you.
California Workers’ Compensation regulations come with forms to be filled and deadlines to be met in case of employee injury. What many employers don’t fully understand is how to carry out these procedures if the employee refuses to accept treatment or file a Workers’ Compensation claim.
If the Employee Refuses to File a Claim
In the case that the employee doesn’t want to file a claim, it is possible they are not fully aware that job-related injuries are covered by Workers’ Compensation laws, allowing them to get benefits while they recover. If they are aware, and choose to not file a claim anyway, it is your responsibility as the employer to draw up a statement reflecting this.
File the employer’s portion of the report with the injured employee’s statement of claim refusal, signed and dated. It is elemental that the conversation between employee and employer is documented in the paperwork to protect you and your business from being penalized in the future.
If the Employee Files a Claim, But Refuses Treatment
Some employee’s may decide to report their injuries through Workers’ Compensation, but won’t follow up and seek medical treatment. A form should be drawn up that is similar to claim refusal, specifying the employee’s statement that they do not wish to receive treatment for an on-the-job injury.
Workers’ Compensation Benefits will be suspended for employees who do not want a medical examination or treatment after injury. An ERM Insurance agent can help you as the employer check if benefits are not payable for this period of refusal.
What Comes Next
Prepare for Workers’ Compensation situations before they affect your business. ERM Insurance agents will help you ensure that your regulations on Workers’ Compensation comply with state-specific laws. All employers should have a legal representative, such as an ERM Insurance broker, draft a form for claim and treatment refusal.
California’s Workers’ Compensation bill has made it mandatory for this insurance to be provided through every business and organization. Speak with an ERM Insurance expert in the field at (949)222-0444 to make sure your business and employees are as protected and in compliance as possible.