Are You Eligible for Workers Compensation?
Although workers compensation may or may not be covered in your state, knowing whether or not you are eligible for workers compensation is the first step in being prepared in case of a personal injury. How can you determine whether or not you are eligible? There are three basic requirements to help determine your status:
- Your company is legally required to carry this insurance.
Again, your employer may or may not be required to carry workers compensation insurance. There are a number of parameters that go into making this a requirement. If the employer is required to carry coverage, or carry coverage just to make sure their employees are fully protected from workplace injuries, you are covered under the guidelines of the law.
- You are a legal employee of the company.
You need to make sure your employer has you properly classified as an employee and not an independent contractor. For the record, independent contractors are not covered under workers compensation. There are instances where you are actually an employee and the employer classifies you as an independent contractor for their records. In these instances, soliciting help from an attorney is warranted.
- You have a work-related injury or illness.
If you are doing work on behalf of your employer and become injured or sick, you are covered, whether you are on the actual premises or not. There are times where the injury may be questioned by the insurance company to fully determine whether or not your injury was work related, but as long as you can document your illness or injury while performing duties in a work capacity, you should be covered.
Personal Injury Hurt On The Job
Understanding the rules regarding the jurisdiction where you work can help. Even if you meet this criteria, you may still be exempt. Certain workers included in this designation include domestic, undocumented, seasonal, and agricultural workers. If you feel you are eligible for workers compensation due to a personal injury sustained on the job and are being denied those benefits, seeking help from an attorney can get your case heard.
Attorneys who specialize in workers compensation claims will get the facts of your case, file an appeal and take the steps needed to get the compensation you deserve. There are many cases where employers will attempt to shut employees out from receiving their benefits. A workers compensation attorney is familiar with the intricacies of these cases and will work on your behalf to achieve a favorable solution.