Duties
In most states, employers have extra duties in addition to carrying workers’ compensation insurance. These duties may include:
Posting a notice of compliance with workers’ compensation laws at each work site in a place that’s in plain view
Providing immediate emergency medical treatment if an employee is injured at work or on the job
Offering further medical treatment if the injured employee is unable to pick a doctor or if the employee informs the employer in writing of a desire not to do so
Keeping a log of injury reports for every accident that results in an injury. These reports should detail injuries that require medical treatment other than first aid or more than two treatments by a doctor or the person who provides first aid. Injury reports should also cover injuries that require time off work more than just the day or shift on which the accident occurred.
Sending a copy of the injury to the workers’ compensation board office. The employer’s insurance company should also be provided with a copy of the report. If an employer does not make an injury report, they may be guilty of a misdemeanor crime, which is punishable by fine.
Complying with requests for more information on injured workers when the request comes from the workers’ compensation board or the employer’s insurance company. The information that must be provided may include statement’s of the employee’s earnings before and after the accident, the date of the employee’s return to work, or any other reports that may help determine the employee’s work status after the injury.
State and Local Government Employees
The type of employees who are eligible for benefits under the workers’ compensation system varies from state to state. In some states, state and municipal government employees are covered under the workers’ compensation system and in some states, these employees are not covered.
In general, state employees who are considered state “officials” are not eligible for workers’ compensation benefits. However, there is a lot of variance in which employees are considered to be officials. Generally, if an employee implements any of the state’s independent power, it is likely that he or she will be considered to be a state official and will be ineligible for workers’ compensation benefits.
The question of whether an employee is an official often arises in connection with firefighters and police officers. They are not exactly employees and not exactly officials. Many state statutes recognize this problem and specifically apply workers’ compensation benefits, rules, and requirements to police officers and firefighters.
If you are a state or municipal government employee, you should consult a lawyer. An experienced workers’ compensation lawyer will be able to tell you if your state’s workers’ compensation statutes apply to you.
If you would like to schedule a initial consultation contact an Iowa work comp or injury or accident attorney, representing clients in Wapello, Iowa at the Pothitakis Law Firm, P.C.. Give us a call at (888) 472-1778 or complete our inquiry form.
Burlington & Keokuk, Iowa Attorney practicing in Iowa primarily in Workers' Compensation & Personal Injury. Lawyers at the Pothitakis Law Firm, P. C. are dedicated to serve their clients in Iowa, including the cities of Burlington, Cedar Rapids, Davenport, Fort Madison, Iowa City, Keokuk, Mount Pleasant, Muscatine, Ottumwa, Washington and Wapello, and the communities that make up Des Moines, Henry, Lee, Linn, Louisa, Muscatine, Scott, Washington and Wapello counties.