Employers have a lot to think about the second they take on their first employee. While the employee may have a lot of responsibilities to fulfill on in the course of their role, you have far more responsibilities in terms of ensuring they are safe, and that their wellbeing is sufficiently protected.
Unfortunately, there are still so many misconceptions and myths floating around when it comes to workers’ compensation rights. Here are just a few of the most damaging ones.
1. It doesn’t count if the injury happened outside of work hours or on premises
While this is true in most cases – for instance, if an employee goes home and trips over the doorway on their way inside, that’s certainly not your fault – there are plenty of potential scenarios in which you are liable for an injury that happens off the clock, or off the premises.
Workplace errands may take an employee beyond your four walls, but you are still responsible for them for as long as they are on your watch. Similarly, remote work does not totally absolve you of responsibility, even though your employees are in their own homes rather than your office space.
Workplace events outside of the regular 9-5 are also opportunities for you to be liable for an injury, even though the employee is technically off the clock.
Also, consider the injuries you don’t realise are taking place on your premises. Repetitive strain injuries, for instance, can take months or years to become apparent, but they are gradually building every day that your employee works on-site without proper safety training, ergonomic desk equipment, or sufficient PPE. You may think you are operating a site or workplace that has a low accident rate, but that doesn’t mean injuries aren’t happening right in front of your eyes.
2. I only work with independent contractors so I don’t need to worry
We tend to be a little too black and white when thinking about employees on the books versus independent contractors, since contractors operate entirely separately and have their own insurance policies covering them (something you should always check before signing any contracts with anyone).
The trouble is, the line between the two (at least, when it comes to your responsibilities) is surprisingly blurred.
State agencies and courts can reclassify the relationship after an injury based on how the work was actually performed, not what the paperwork says. For that reason, you want to make sure that your insurance policy is robust enough to cover you.
3. The waivers my employees signed absolve me of any legal responsibility
Not true, and incredibly risky to believe. Liability wavers offer some protection, but there are plenty of circumstances where employees can still make a claim against you if they are injured at work. This is why a robust policy like workers comp coverage at ERGO Next Insurance cannot be replaced with a simple legal waiver.
Workers compensation rights remain intact, no matter what your waiver states you are absolved of responsibility for. You have a legal duty to offer a safe and respectful workplace to your employees, and that cannot be written away with a couple signatures.
