Some workers compensation cases are pretty clear cut. You get hurt on the job lifting a heavy box, slipping on a damp floor, or falling off of a ladder, and so you deserve to have your employer pay for your medical expenses with workers compensation. Other times, though, are not so obvious. What if you were driving your own car to car and were in an accident? Technically it’s work-related, but does it really make you eligible to receive benefits?
To help you determine whether or not you may be able to receive workers compensation, here are the three basic eligibility requirements.
The Employer Must Have Workers Comp.
Not every employer needs to carry workers comp. Though workers comp laws vary from state to state, the responsibility of employers typically depends on the specific type of business the employer does, how many employees work there, and what those employees do. That being said, most employers do carry workers compensation coverage, even if state law doesn’t require them to.
You Must Be an Employee.
This sounds obvious, but not every work is technically an employee in the eyes of workers comp eligibility. Independent contractors, like freelance web designers, or volunteers may technically work for a company, but aren’t necessarily employees.
The Illness or Injury Must Be Work-Related.
Generally speaking, if you were performing a task for an employer and became ill or injured as a result of doing said task, then it’s work-related. However, in the times when it’s less clear, such as when you were commuting to a worksite in a company car and were injured in an accident, it’s more difficult to determine the benefits. If the other two eligibility requirements are met, though, then it’d be well worth your time to schedule a consultation with your local workers compensation attorneys to review your case and determine whether or not you’re eligible to receive workers compensation.
If you get hurt at work, you may very well be eligible for workers compensation as long as you meet these three requirements. If you have any questions about them, feel free to ask in the comments.