Worker's compensation, also known as workman's compensation, is a system that helps to pay medical expenses, rehabilitation costs, lost wages, and other costs when employees are injured at work. Each state has its own workers' compensation laws which govern the claims from employees of private businesses and government agencies who are injured on the job. Usually workers' compensation benefits are paid no matter who caused the accident or injury, whether it was the employer, a coworker, a customer, someone else, or even the injured employee themselves.
However, if you are injured at work, it is important to remember that workers' compensation is generally the only recourse you have for any injuries or illnesses that occur as a result of your job, which means that usually you cannot decide to sue your employer instead of filing a workers' compensation claim.
So if you are injured, how do you know if you qualify for workers compensation payments? First of all, your injury or illness must be work-related. That means that you were doing something for your employer and were injured or became ill as a result. Typical examples are hurting your back while moving equipment at your office, or developing carpal tunnel syndrome as a result of constant computer work, or becoming ill because of breathing hazardous chemicals while on the job. Even if you are on your lunch break, or commuting , or engaging in recreational activities on the part of your company when you are hurt, your injuries may sometimes qualify as work related. In those cases, it is always prudent to discuss your particular situation with an attorney or employee representative who has experience with workers compensation law in your state.
Secondly, you must find out if your employer carries workers compensation insurance. Every state is different, but often very small companies (3 employees or less) may not be required to have coverage. And in some states, nonprofit organizations can opt out of the worker's compensation system. Always check with your human resources department to see if your company is insured. You can also find out more information about workers compensation insurance requirements in your state from your state's department of labor.
Finally, you must determine if you are an employee entitled to workers compensation coverage. Just working for a company and getting paid is not a guarantee that you are eligible. For example, independent contractors like consultants and freelancers are not employees and are not entitled to workers' compensation benefits. Examples of independent contractors might include freelance writers or computer consultants. And volunteers are not employees, so in general they are not entitled to workers' compensation benefits. However, some states make exceptions for specific volunteer groups like volunteer firefighters. And in some states, companies may have the option to provide coverage for volunteers, so always check the laws in your state or talk with a local attorney who has experience with workers compensation claims if there is any question as to whether or not you are eligible.
And even if you are an employee, in some states certain classes of workers are not covered by workers insurance. Typically these special cases include domestic workers like housekeepers and babysitters, agricultural and farm workers, staff members who are contracted to a company through an employment agency or a temp agency, seasonal or casual workers, and undocumented workers. If you fall into any of these categories, it is always best to check with a local attorney or state workers compensation specialist to find out whether or not you qualify for benefits.
However, if you are injured at work, it is important to remember that workers' compensation is generally the only recourse you have for any injuries or illnesses that occur as a result of your job, which means that usually you cannot decide to sue your employer instead of filing a workers' compensation claim.
So if you are injured, how do you know if you qualify for workers compensation payments? First of all, your injury or illness must be work-related. That means that you were doing something for your employer and were injured or became ill as a result. Typical examples are hurting your back while moving equipment at your office, or developing carpal tunnel syndrome as a result of constant computer work, or becoming ill because of breathing hazardous chemicals while on the job. Even if you are on your lunch break, or commuting , or engaging in recreational activities on the part of your company when you are hurt, your injuries may sometimes qualify as work related. In those cases, it is always prudent to discuss your particular situation with an attorney or employee representative who has experience with workers compensation law in your state.
Secondly, you must find out if your employer carries workers compensation insurance. Every state is different, but often very small companies (3 employees or less) may not be required to have coverage. And in some states, nonprofit organizations can opt out of the worker's compensation system. Always check with your human resources department to see if your company is insured. You can also find out more information about workers compensation insurance requirements in your state from your state's department of labor.
Finally, you must determine if you are an employee entitled to workers compensation coverage. Just working for a company and getting paid is not a guarantee that you are eligible. For example, independent contractors like consultants and freelancers are not employees and are not entitled to workers' compensation benefits. Examples of independent contractors might include freelance writers or computer consultants. And volunteers are not employees, so in general they are not entitled to workers' compensation benefits. However, some states make exceptions for specific volunteer groups like volunteer firefighters. And in some states, companies may have the option to provide coverage for volunteers, so always check the laws in your state or talk with a local attorney who has experience with workers compensation claims if there is any question as to whether or not you are eligible.
And even if you are an employee, in some states certain classes of workers are not covered by workers insurance. Typically these special cases include domestic workers like housekeepers and babysitters, agricultural and farm workers, staff members who are contracted to a company through an employment agency or a temp agency, seasonal or casual workers, and undocumented workers. If you fall into any of these categories, it is always best to check with a local attorney or state workers compensation specialist to find out whether or not you qualify for benefits.
SHARE
