Though the District of Columbia isn’t technically a state, the federal district still has its own laws which are designed to protect and assist those who live within its borders. One important set of laws in D.C. are those which deal with workers’ compensation… these laws detail the type of insurance that employers are required to carry in order to cover medical and other expenses of their employees should they be injured, disabled, or killed while on the job. So long as the employee was not under the influence of drugs, alcohol, or certain prescription medications, D.C.’s workers’ compensation laws state that employers are responsible for the cost of on-the-job accidents regardless of fault of the employee.
According to D.C.’s workers’ compensation laws, an employer has 10 days to report any injuries or deaths which occur on the jobsite as a result of worker accidents. Failure to report injuries or accidents within that timeframe can result in stiff penalties, and can also extend the time that the injured employee or their survivors have to file a claim for workers’ comp benefits (as the timeframe for filing that claim doesn’t begin until the official report has been filed.) In addition to filing the accident report within this timeframe, employers are also required to maintain a log of all accidents that have occurred which involved their employees at work, and they must have this log available for inspection if required during their regular business hours. Failure to have the necessary records on-site when requested can result in additional penalties.
Once an injury report has been filed and a workers’ compensation claim has been made, voluntary payment from the company’s insurer is expected within 14 days unless the employer disputes the validity of the claim. Should the claim be disputed, then the employee making the claim will be notified by certified mail and an official investigation of the claim will be made by D.C.’s governing body. If there is no dispute, then payments will continue after the initial payment every 2 weeks until the amount of the claim has been settled.
When a claim is disputed, a hearing will take place which will consider the arguments of both sides and the circumstances of the accident itself. If the hearing finds in favor of the employee, then payments will be ordered to begin according to the schedule set forth by the D.C. Code. If the hearing finds in favor of the employer, however, then no payments will be made and the employee will be responsible for all of their medical expenses related to the accident and the injuries that they received because of it. Though the law is on the side of an injured employee, it is also designed to protect employers from those who would fake injuries or create accidents on purpose in order to simply make workers’ compensation claims.
Because of the seriousness of injuries that can occur at the workplace, it’s important that you contact an attorney and ask them to review your workers’ comp case if you are involved in a workplace accident. Preferably you should choose an attorney who specializes in these sorts of cases and who is experienced with both the D.C. Code and its provisions for workers’ compensation. This will help to ensure that they have the most up-to-date information in regards to workers’ comp claims and also to make sure that they are familiar with the differences between the laws of D.C. and those of some of the surrounding states. Should you need to go to a hearing in order to receive your full workers’ compensation benefits, having an attorney working on your case from the very beginning will also help to ensure that you are more prepared for what you’ll face at the hearing and will greatly improve your chances of receiving the benefits that you deserve.
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