Thus, if an answer is not filed timely, the employer cannot contest issues such as causality or whether an actual workers compensation injury occurred. In light of the social intent of the legislation, it is imperative that an employer remain creative and vigorous in the defense of these claims. Because of the diversity in workers compensation laws, the following general framework of considerations can be applied. However, these general rules may be modified depending on the state in which the claim is filed. The first consideration should always be jurisdiction.
State laws are specific.
Employers should confirm that the injury is covered by the law of the state in which the claim is filed. This is imperative if your employees are traveling from state to state. Some states benefits are more liberal then others and the employee will try to file in the state in which benefits are most liberal. The next consideration should be your employer relationship. State laws generally require that an injured worker must be an employee.