Are you entitled to a workers compensation claim?
Do you have a work injury and think you deserve compensation for your pain and suffering?
It can be hard to distill everything that went on in the workplace from your perspective. You might feel like your company has wronged you, but it can be difficult to prove that. That’s why it’s important to know whether or not you are entitled to claim workers’ compensation.
Here is how you know you are entitled to a workers’ compensation claim.
You are an employee
If you are an employee for your workplace, you are probably entitled to workers’ compensation. Usually, if you are a contracted service provider or self-employed contractor, you do not qualify for workers’ compensation.
There are some exceptions to this rule for self-employed contractors, but generally speaking, most employees are entitled to a workers’ compensation claim.
You have worked for the company for at least one year
In most states, if you have worked for the company for at least one year, then they are required by law to carry workers’ compensation insurance on your behalf. If they do not have the appropriate insurance, then they can be held liable for any injuries that occur on the job site while you’re working there.
It is against the law for an employer not to have the appropriate coverage for workers’ compensation claims. As an employee in such a situation, you need to contact a lawyer about that situation before it gets too bad.
You were hurt on the job
If you were injured while at work, then your claim can be submitted under workers comp. If you are hurt while you are at home, then the injury is not a result of your job, and therefore the claim would be rejected. Some exceptions apply to you if you’ve been hurt outside of work.
Usually, these claims are turned down because the injury was not caused by your job. You should contact compensation attorneys to help you understand your condition and your eligibility.
The government has jurisdiction over the damage sustained on the job
Sometimes people get confused about whether or not they can make a claim with the government for their medical expenses or lost wages because they had some time off work due to injuries sustained on the job. However, if an injury on the job caused your medical or wage loss, you can claim workers’ compensation benefits.
When you have work injuries sustained due to being at work and your company does not provide workers’ compensation insurance, the government will step in, providing benefits that are essentially identical to private employers’ coverage.
You are able to file a fault-free return to work rehabilitation claim
The workers’ compensation system is a way for injured employees to get back into a safe environment following an injury without a cap on their time off or risk of losing their job for being hurt.
While companies are not required to provide rehabilitation services for work injuries, they are legally required to pay corresponding wages while employees recover. The compensation provides income and health care when you cannot do your job due to being hurt at work to return you safely and as quickly as possible back into the workplace.
Conclusion
If you were hurt on the job, whether you were injured through physical violence or a work accident, it is important to know your rights and how to claim your workers’ compensation benefits.
Since you are trying to protect yourself from potential employer retaliation, it is best if you contact an attorney. This ensures that your rights are protected and that you do not miss any opportunities for financial recovery for wage loss and medical expenses.