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How to Tell If You Deserve Workers’ Compensation

Each day people are injured or become sick while working. In many situations, they may be entitled to workers’ compensation benefits. These benefits could include money for lost wages, medical bills and more. It doesn’t matter who was at fault for the accident. As long as someone is eligible, they are entitled to receive compensation for their injury and loss.

Must Be Covered By Workers’ Compensation

In order to be eligible to receive workers’ compensation benefits, a person’s employer must carry workers’ compensation insurance coverage. Most, but not all employers are required to have it. The laws of each state are different. This requirement could depend on the number of employees that are in a company, as well as the type of business, and the type of work employees perform. It is common for employers to purchase workers’ compensation insurance even if the laws in their state does not require them. An employer will usually purchase workers’ compensation insurance on the private market. It may also be available from state funds. Some states permit large employers to assume the financial risk for their employees’ workers’ compensation coverage. It is considered self-insurance.

Federal Workers

The federal government has its own system for providing employees with workers’ compensation. Should someone work for the federal government, they must pursue benefits from the federal system. They would not qualify to receive benefits from their state’s system.

Must Be An Employee

When it comes to being eligible for workers compensation, not all workers qualify as employees. Independent Contractors are individuals who are work as consultants, freelancers and more. They are not legally able to receive workers’ compensation benefits. There are many situations where workers believe they have been misclassified and feel they meet the requirements to be considered a company’s employee. It is possible for a company to misclassify workers, so they are not required to pay workers’ compensation premiums or payroll taxes. Even if someone has signed a 1099 tax form designating them as an independent contractor, they could still be classified as an employee in a workers’ compensation situation. Such a dispute often ends up being decided in court.

Illness or Injury Must Be Related To Work

Should someone be performing assigned tasks for the benefit of their employer and experiences an illness or injury as a result: it is considered work-related. This could be the case if someone experiences an injury when loading boxes as part of their work in a warehouse. People have developed carpal tunnel syndrome from repetitive motions like typing and more. Others have experienced illnesses due to being exposed to chemicals that are used at a specific work-site. There are some incidents that are not as clear. This could be if someone was injured while eating lunch on-the-job on company property. If people are injured while horsing around with other workers, or at a company-sponsored social event, it may not be clear if their injuries are work-related.

Deadline For Reporting and Filing

It is possible for someone to meet all the requirements for workers’ compensation, but they could still lose their right to receive benefits. This could happen if someone does not meet the deadline for filing in their state. There is a time limit for a worker to report any injury they experienced to their employer as well as file a claim for workers’ compensation benefits.

Special Rules

It is possible for someone to meet the general eligibility requirements for workers’ compensation, but still not qualify. There are certain categories of workers who are exempt under the laws of most states. These are people who are domestic workers, farm or agricultural workers as well as leased or loaned employees and seasonal workers. When it comes to undocumented workers, they are often covered in many states.

The insurance plans associated with workers’ compensation will be between different jurisdictions. Most are designed to provide weekly payments to replace wages. It can also provide an injured worker with compensation for their economic loss whether it occurred in the past or is anticipated to continue into the future. An employee could also receive payment or reimbursement for medical and similar expenses. It also provides benefits to dependents of a worker who is killed while on the job.

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