Everyone has the right to work in a safe environment while they provide for themselves. However, no matter how many safety precautions we take, accidents can happen that result in injury. When this happens, if the circumstances are right, you may be entitled to worker’s compensation. If you’re trying to find out if this includes you, you’re in the right place. Below, we tell you everything you need to know.
Got to be Covered
The majority of states will require you to be covered by worker’s compensation as a pre-requisite to employment. However, this rule varies from state to state, so you will need to double-check what the deal is. If you live in a state where the worker’s compensation isn’t legality, you should consider investing in cover regardless because you never know when it will come in handy.
Typically, the process of applying for worker’s compensation is simple, providing your fit the criteria. However, there will be some cases where you will need to contact a lawyer like Romanucci & Blandin law firm to fight your case - we’ll cover this below.
You Need to Be an Employee
To be eligible for worker’s compensation, you need to be an employee. This may sound obvious, but there are some instances where workers are not employees. For example, within the world of freelance, workers aren’t entitled to the same level of cover. Sometimes, there is a gray area when it comes to eligibility. Drivers for companies like Uber claim that they are incorrectly classified and should be entitled to worker’s compensation. In these patches, you may need to speak to a lawyer and fight through the courts.
Injury Must Be Work-Related
This one’s self-explanatory. If you become ill or injured as a result of something you were doing on the behalf of your employer, you are entitled to worker’s compensation as long as you meet the rest of the requirement.
Stick to Deadlines
If you’ve injured yourself at work and want to claim worker’s compensation, you will need to report the incident and file the claim within the time limit. Your state will set regulations on these deadlines, and you can find the information here.
Exceptions to the Rule
As mentioned earlier, there are some exceptions to the criteria above including:
- Undocumented workers
- Agricultural workers
- Seasonal or casual staff
- Domestic workers
- Loaned employees
These are the general exceptions. However, you will need to check with your state laws for specifics.
When to Contact a Lawyer
Your employer’s insurance company will try and deny your eligibility for worker’s compensation, especially if you’re a contractor or one of the above. If you find yourself in this position, you should consult a lawyer and find out if they can help.
Being injured at work is never an ideal situation. Luckily, you can apply for worker’s compensation if you fit the criteria in this article. Remember, you need to file the claim within the given timeframe. If you come across any issues with your employer, get in touch with a lawyer.
