Most Common Worker’s Compensation Violations

Each U.S. state (and the federal government) has a Worker’s Compensation program that provides compensation to employees who suffer job-related injuries and illnesses. While the federal government administers a workers’ comp program for federal and certain other types of employees, each state has its own worker’s compensation laws and enforcement of workers’ compensation programs. For example, the Workers Compensation program in Texas is enforced by the state Department of Insurance. Their 2013 enforcement actions provide insight into typical violations of state Worker’s Compensation laws.

Record-keeping and Reporting Violations Lead Offenses

  • More than one-third of all violations related to record-keeping and reporting – including employers, insurance carriers, and physicians and medical services.
  • Payment delays or discrepancies were the second leading category of violations.
  • Most common examples of employer violations included failure to:
    • File and/or accurately complete forms, reports or records
    • File wage statement with injured employees
    • Pay income or indemnity benefits to injured employees in a timely manner
    • Pay correct amount of income benefits to injured workers
    • Provide Agency with requested information about workers’ compensation

Fines for Worker’s Comp Violations

Covering a range of violations for employers, physicians /medical services, and insurance companies, fines for a worker’s compensation violation averaged $7,400. Employers’ fines averaged only $3,000 per offense; however, in 43% of the violations, insurance carriers were found at fault. Fines leveled at insurance companies averaged more than $12,000 per violation.

Payment violations lead all categories for total fine amount. Insurance carriers are liable for these fines for cases where they have failed to pay income benefits or medical bill reimbursement to injured employees in a timely manner.

Learn More: Posting Requirements

Are you an employer wondering what you need to display in the workplace to stay compliant with Worker’s Compensation posting requirements?

Every state requires Worker’s Compensation and Unemployment Insurance postings, but not all states have the same posting requirements. You can learn which Workers Comp postings and Unemployment Insurance postings are required for your state here.

3 replies
  1. Mark D. Bergman
    Mark D. Bergman says:

    I have found myself dealing with my employer’s lack of worker’s comp insurance. I became injured and discovered that my employer did not have coverage. I have reported such to everyone and I’ve hired 3 Attorneys to represent the 3 different cases I have against this employer. #1 Major violations of the federal wage act. #2 My injury (worker’s comp case) #3 Wrongful discharge.
    All this and we live in a land of laws, mean while I am forced to live like a begger. I had a good job and I did my job well. Only now because this employer broke the law I’m forced to beg to keep my lights on. Our justice system seems to move to slowly when it comes to this type of law breakers and I would like to try to help fix it.

    • Chaunce Stanton
      Chaunce Stanton says:

      Mark, when you get frustrated, remember that you’re not the only person who has suffered a workplace injury and then had to fight with the employer. In this forum we’ve have several people comment about being in similar situations. Here’s hoping that your fighting spirit and perseverance help you find an adequate resolution!

      • Mark D. Bergman
        Mark D. Bergman says:

        Thanks for your reply, I feel as if there is something I have to do to help others that this happens too and help create a change to help prevent this from continuing. I am not sure of the path yet, but I’m open to suggestions.

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