Everyone who was been injured in an accident is entitled to compensation if the accident was caused by the negligence of other people, especially at work. The problem is that people are not aware of the requirements for compensation and end up not getting the compensation they deserve.
In this post, we are going to discuss the different requirements to be qualified for worker’s compensation benefits. This information should help you make a claim if you happen to experience a work-related accident.
So keep reading…
Requirement One: Employer Should Be Covered By Workers’ Comp
Employers are not required to carry workers’ comp coverage. State laws can vary, but the responsibility of an employer to provide insurance usually varies according to how many workers it has, what kind of industry it is, as well as what kind of work the workers are doing.
For instance, some states only require employers with no less than three employees to be insured, but most states do not set a minimum. Additionally, a few states permit charities to withdraw from the workers’ compensation system while other states don’t.
In general, the majority of employers are compelled to have coverage; and if your employer claims not to be insured by workers’ comp statute, then you may want to verify with a lawyer.
Normally, employers may offer coverage either by buying insurance or by self-insuring. Numerous employers buy workers’ comp insurance even though they are not compelled to do so. State laws usually permit these exempted employers to choose the workers’ compensation system.
This permits the employer to make sure that its workers are paid for work-related injuries — and that they cannot file a case against the employer.
The government has its workers’ comp system. If you’re a federal worker, you should look to that system instead of your state system.
Requirement Two: You Should Be A Worker
Not all employees are workers when it comes to the workers’ comp eligibility. For example, independent contractors aren’t employees and aren’t qualified to workers’ comp benefits. Independent contractor examples could include computer consultants or freelance writers. Numerous employers misclassify employees as independent contractors when they’re
Numerous employers misclassify employees as independent contractors when they’re real workers, however. If you’ve been denied worker’s comp benefits because your employer claims you’re an independent contractor, then you should talk to a lawyer.
Generally, volunteers aren’t working, and so they aren’t entitled to workers’ comp benefits. But there are a few exemptions to this rule. For example, a few states specifically insure volunteer firefighters. Also, a few states provide organizations with the option of insuring their volunteers.
Requirement Three: Illness or Injury Should Be Work-Related
If your illness or injury is work-related, it’s most likely insured by workers’ compensation. In general, if you were performing a task for your employer and consequently became ill or were injured, then it is work-related.
For instance, if you injured your back while unloading boxes as part of your job, become ill because of exposure to dangerous chemicals at the work area, or develop a carpal tunnel syndrome due to typing on the job, then your injuries are obviously work-related.
However, sometimes, this problem is more difficult to figure out. Let us say you were harmed during lunch break, but while buying a sandwich for your supervisor. Or maybe you were harmed while commuting to work inside the company vehicle, walking to an off-site event with fellow employees, or playing basketball at the company event.
In cases like these (the injury did not occur at work yet has the connection to the job), it is not always simple to determine whether or not you’re covered.
Opting for compensation may not be easy, especially if you’re not so familiar with the endeavor. You may end up getting less than the compensation you deserve. To make sure you get just compensation, it would be best to work this out with your lawyer. Working with an experienced lawyer would spare you a lot of trouble along the way and ensure your way to success.