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Employer and employee responsibilities in a workers’ comp claim

| Aug 13, 2020 | Workers' Compensation |

When it comes to workers’ compensation claims, both the employee and employer have responsibilities. These claims are expensive, so the employer in California has to ensure that the employee is being honest. This requires due diligence for the employer and patience from the employee. The following is an overview of the responsibilities of the employer and employee during the claim process.

During a worker’s comp claim, the employer is expected to be cooperate with the employee’s insurance provider. When the employee is cleared to return to work, the employee should be welcomed back even though they filed a claim against the company. The employer will work with the workers’ compensation board in the state so that fraud can be prevented. The employer is put in a tough spot because there is a fear that one claim could lead to others. An employer cannot terminate an employee who was rightful in the claim, however.

The employee is expected to act responsibly during the claim process and at work. If a claim must be filed, the employee has to report the injury as soon as possible. Cooperation goes both ways. This means that the employee will answer questions as necessary. If the employee is truly injured at the workplace, then the employee must not engage in activities that can worsen the injury or make it seem like their injuries are false.

One way to make the worker’s comp claim process run more smoothly is to seek legal help. Since the employer has the right to conduct their own investigation, the employee has to be sure that their case has no holes. By procuring the legal assistance of a lawyer who works on these cases, the case may be more solid, and it may help the employee who requires aid due to the injury.