Employer and Employee Responsibilities for a Workplace Claim
If you are hurt on the job, your first step should be to contact a workers’ compensation attorney near San Jose. The specifics of workers’ compensation law vary from state to state, and only an experienced employment lawyer fully understands the ins and outs of the process. Under state law, both you and your employer are obligated to follow certain protocol. Continue reading to learn why employees are obligated to act responsibly and file a claim efficiently, while employers are required to provide safe working spaces and work with an employee’s workers’ compensation attorney.
As a workers’ compensation attorney knows, employees are legally required to act responsibly when they are on the job. That means that if you are hurt while at work because you were acting recklessly, your employer will not have to pay workers’ comp. For example, employees cannot be compensated if they are injured because they are intoxicated at work or committing a criminal act on the job.
When it comes to workers’ compensation, an employee’s next obligation is to file a claim efficiently. If you are injured at work, you should immediately notify your employer or supervisor. As your lawyer will explain, you will need to fill out a specific form reporting your workplace injury. You should review the form to make sure all information is correct and that it has been properly filed with your employer.
An employer also has obligations for workers’ compensation claims. An employer’s most significant obligation is to provide a safe space for all employees. If an employee does suffer a personal injury on the job, a supervisor is legally required to receive his or her workers’ comp form, and to file that document with the company’s workers’ compensation insurance carrier.
Next, an employer must fully cooperate with the company’s workers’ compensation carrier and with an employee’s personal injury attorney. A supervisor should provide timely assistance if a lawyer requests documents, like an employee’s personnel file.