When Are You Eligible for Worker’s Comp?


Injuries at the workplace are quite common, but they are one of the biggest causes of employer-employee disputes. Many employees do not know their rights when they become injured; hence they don’t know if they can get compensation for injuries. Employers take advantage of this, and fail to compensate them adequately, and often, this leads to the employee losing his job. Understanding what makes you eligible for compensation can save you money and the pain of dealing with the injuries alone.

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You Must Be an Employee

Many people confuse this limitation by working for a certain company onsite or not. You must officially be recognized as an employee in that institution whether you are on contract or otherwise. You must not be a contractor hired directly or indirectly by the company since that doesn’t qualify you as an actual employee. If you are an independent contractor, you may still be eligible in individual states and under specific conditions. However, this may involve going to court over the matter where they check how much you rely on the company. Unfortunately, volunteers aren’t covered by the insurance policy.

Injury or Illness at the Work Place

Your injury or sickness must have occurred while you are in the work premises and on the clock. This means that your problem may not have happened at the location of the company, but you were working or on the clock when it happened. Certain sicknesses are covered under worker’s compensation such as respiratory issues, muscle, joint, and nerve issues such as carpal tunnel syndrome. However, there are a few complications, especially if the illness has been developing over time, such as carpal tunnel syndrome. In such a case, you have to refer to the guidelines provided in your state.

Complaint Submission

For you to be eligible, then you must have presented a formal notification of the injury. This contains the type of injury or illness, when and how it occurred. When you submit this notice, you should be given a form that you are to fill accurately and send to your employer. Remember that there are deadlines that you must meet, although these differ from one state to another. In some states, you have up to 30 days to give the formal complaint while others have more so make sure that you work fast to find out. If you miss the deadline, you give your employer reason to decline to pay, which may set you on a long legal path.

Employer Must Have Worker’s Comp Insurance

It is challenging to get compensation if your employer hasn’t taken the worker’s compensation insurance policy. This doesn’t mean that it is impossible, but the process is much harder if he doesn’t have it. Workers comp is a requirement in many states, which is why you must ensure that this is available at the very beginning of your employment. It allows you to find out your options on time so that you can still sue for compensation the right way. If you work in the federal government, it also has a worker’s comp system that is not much different from that of individual employers.

The laws of worker’s comp are different depending on your state, which is one of the things you should check when getting employed. It allows you to know what to do if the incident happens so you can take action on time. It is important to note that if an employee dies due to an injury that occurred at work, the family can still get workers comp or sue for wrongful death.

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When Are You Eligible for Worker’s Comp?

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