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Am I Eligible For Worker’s Compensation Benefits?



August 2nd, 2016

Worker’s compensation claim form

You may be eligible for worker’s compensation benefits when you get injured on the job or become ill as a result of your work. Worker’s compensation is a state-mandated insurance program which provides payment to employees who suffer work-related injuries or illness. Employees who get injured or become ill receive compensation for lost work and medical bills, regardless of who was at fault. In return, employees forfeit their right to sue their employers for their illness or injuries.

Generally, there are three basic eligibility requirements for worker’s compensation benefits:

  • The company or person you were working for must carry worker’s compensation insurance or be legally required to do so.
  • You must be an employee of that company or the person.
  • Your injury or illness must be related to work.

Here is a brief explanation of all the three basic eligibility requirements:

  1. The employer must be covered by worker’s compensation insurance: The employer’s responsibility to provide coverage usually depends on the number of employees, the type of business, and the type of work the employees are doing. In a few states, only employers with at least three employees are required to be covered, but most states don’t set a minimum. Some states allow charities to opt out of the worker’s compensation system, while other states do not. However, a vast majority of employers are required to carry insurance coverage.

    Employers may provide coverage either by purchasing insurance or by self-insuring. Many employers prefer to purchase worker’s compensation insurance even if they are not required to do so. This allows them to ensure that their employees are compensated for workplace injuries and in return, the employee cannot file a lawsuit against them.

  2. You must be an employee of the company or the person: It is important to note that not all workers are employees when it comes to worker’s compensation eligibility. For example, independent contractors such as freelance writers or computer consultants are not employees and may not be entitled to workers’ compensation benefits. However, many employers misclassify workers as independent contractors when they are real employees. If you have been denied of worker’s compensation benefits because your employer claims you are an independent contractor, consider consulting with an attorney.

  3. Your injury or illness must be work-related: If your injury or illness is related to the work, you may be covered by worker’s compensation benefits. For instance, if you were doing something for the benefit of your employer and were injured or became ill as a result, then it’s work-related. However, sometimes it is hard to determine whether the injury was work-related or not. For example, if you get injured on your lunch break, or while doing some personal work for your boss, or get injured traveling to work in the company car. In these situations, it is not easy to determine whether you are covered under the worker’s compensation benefits because the injury did not happen at work but has some connection to it.

Contact Dervishi Law Group, P.C. for a Worker’s Compensation Lawyer

If you have been injured or became ill due to a work-related condition, you may be entitled to worker’s compensation benefits. Contact experienced lawyers at Dervishi Law Group, P.C. to represent your case. To speak to one of our lawyers, call us at 917-300-0797/718-619-4525 or email at fdervishi@dervishilaw.com.

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