Who Is Eligible for Workers’ Compensation?

Going into work should not result in an injury or illness, but there are times when it is unavoidable, at least on the part of the employee. Accidents happen without warning, and when they strike while on the job, some questions need answering. For instance, was the accident the result of negligence on the part of the employer? Did it occur in the ordinary course of employment? It is essential to know some of the basic eligibility requirements for workers’ compensation benefits in case you find yourself with a job-related issue.

You Must Be an Employee of the Company

It may seem like the most fundamental facet of filing a workers’ compensation claim, but it is not always black and white. There are different classifications of employees working for companies these days, and not all of them qualify for the benefits. While state laws may differ, it is safe to assume that if you are a full-time worker, and you receive a W-2 come tax time, you should qualify for workers’ compensation benefits should an issue arise. However, in some instances, a contract employee, or one who gets a 1099 may also get to receive benefits.

The Company Has To Carry Insurance for Work-Related Injuries

Does your company carry workers’ compensation insurance? Not all states require it for every business, so knowing if yours has it may be as simple as asking. Your human resources department should be able to tell you if the company carries insurance. This same person can also direct you through the process of filing a claim if you get hurt. If your employer does not have this coverage, there are other legal avenues you may be able to take should you get injured.

You Have To Prove You Were Injured at Work

Workers’ compensation carriers don’t just hand over money when an employee files a claim. There is an investigative process that occurs, which ultimately leads to them deciding whether you were hurt during the regular course of business or if your claim is invalid. If you want to be successful, you need to understand when to file a claim and what qualifies as a covered injury under the law. You also have to be able to prove your injury occurred at work.

Each state mandates workers’ compensation laws, and as such, it is a good idea to speak with an attorney who can guide you along the way. You want to receive the benefits you are entitled to under the laws, so you have a better chance of making a full recovery.

Source: Plantation, FL Work Injury Lawyer, Law Office of Franks, Koenig & Neuwelt

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