If you become hurt or ill as a result of work, you may be eligible for workers’ compensation benefits. That would include payment of medical bills and settlement of other related damages. When it comes to workers’ compensation, it doesn’t matter whose fault it is. Your employer must ensure you’re compensated and given the necessary attention. In exchange for this protection, you don’t even have to sue the company for damages.
So, there are about four requirements to be eligible for workers’ compensation benefits, and they entail:
- You must be an employee
- Your employer must carry workers’ comp insurance
- A work-related injury must occur
- You must meet your state’s deadline for reporting the work-related injury.
However, there can be some exemptions, like some categories of employees, domestic workers, or seasonal workers. In this article, you will learn the requirements to be eligible for workers’ comp.
- Employers Need Workers’ Compensation Coverage
This requirement runs differently from state to state. Most times, the law requires some vast majority of employers to have workers’ compensation coverage. But for that to happen, the number of employees is a determining factor. For instance, some states have different requirements for agriculture and construction business. Some employers have a workers’ comp plan, even though they don’t need to. But plainly for the protection of their employees.
- You Must Be An Employee
Not all workers are employees. Some are merely independent contractors like freelancers, consultants, and so on. In that case, these sets of workers are not eligible for workers’ compensation. Although workers like Uber driver, Lyft, and numerous other ride-hailing services term its misclassification. To make sure you’re eligible for workers’ compensation, ensure you’re an employee and not an independent contractor.
- Work-Related Injury
You’re not eligible for workers’ compensation if you don’t sustain any form of a work-related injury. Some injuries are work-related, but not glaring. Injuries like carpal tunnel syndrome that comes as a result of typing too much can be hard to pursue. But with a reliable attorney, getting compensation for such not-so-obvious injuries become easy to tackle. It doesn’t matter whose fault it is. Once you sustain injuries during work, your employer must compensate you for damages or injuries.
- Reporting Before Deadline
If you meet all the above requirements and yet, fail to make a report before a stipulated period, you will lose your workers’ comp. Learn about workers’ compensation time limits as it applies to your state. That is to ensure you don’t miss out on your workers’ comp when you suffer any injury.
Workers’ compensation is a responsibility your employer carries for your protection. To ensure you’re eligible, ensure you meet the four requirements. Most importantly, make sure you report the injury before the deadline. If not, you will end up missing out on your compensation. If you’re eligible and your employer is yet to comply, speak to us today to see how we can help you claim your benefits.
For more information or to receive help in your case, contact Franks & Rechenberg, P.C. today.