Do I Qualify for Workers’ Comp?

Do I Qualify for Workers’ Comp?

There are three basic requirements you must meet to be eligible for worker’s compensation.

Employer Must Carry a Workers’ Comp Insurance Policy

Your employer must have worker’s compensation insurance or be required to carry such a policy.  The standards that determine if  a business is required to carry this type of insurance varies by state.   The number of employees along with the type of business and the specific type of work the employees perform all can determine if a given company is required to carry a worker’s compensation policy.

You Must Be an Employee of the Company

You must be classified as an employee of a company to collect worker’s compensation.   Some workers are considered outside contractors and are not required to be covered under a worker’s compensation policy.   Special rules exist for domestic employees, agricultural workers, seasonal employees and undocumented workers in regards to worker’s compensation.   These rules can vary from state to state.

Condition Must Be Caused By Work Activity

An injury or illness must be determined to to have been caused by work-related activity for you to be covered by worker’s compensation.   While some illnesses and injuries are directly related to one’s employment, others are harder to attribute to work activities.  It is best to notify your employer and file your claim as soon as you are injured, and consult an attorney if you have questions about your specific case.

Getting worker’s compensation can sometimes be a complicated process.   If you have questions about your eligibility or are facing any sort of difficulties in collecting benefits, contact an attorney experienced in worker’s compensation law.

We at Schiffman Law specialize in personal injury law, including worker’s compensation cases. You may be able to receive some form of payment even if you cannot collect workers’ compensation. Contact us for a consultation today.

2016-11-01T11:31:46-07:00 November 1st, 2016|Blog, Workers' Compensation|