Through the workers’ compensation program, employees can get swift medical attention whenever they sustain work-related injury or illness. But most often, employers might want to play smart, which in some cases can be saddening. If you’re an employee, here are some requirements that make you eligible for workers’ compensation.
- Must Be A Classified Employee
If you’re a contract worker or freelancer, you will not be eligible for workers’ compensation since you’re not a documented employee. Although what constitutes an employee differs from state to state. Even at that, the law can be somewhat murky. When you sustain an injury at a job site, who is responsible for workers’ comp? Could it be the company, the general contractor? If you’re a full time or part-time employee, you’re eligible for a workers’ comp. If your employer thinks otherwise, don’t hesitate to hire a worker’s comp lawyer.
- The Employer Must Be Ensured
The law makes it mandatory for businesses to have worker’s compensation insurance. Companies pay a premium, with benefits managed by the employer’s insurance company or perhaps, the workers’ comp fund run by the state. Before you start working for a company, ensure your employer is covered by insurance. Without a workers’ compensation plan in place, the only option you have getting compensated is filing a worker’s comp lawsuit.
- Work-Related Injury
The injury or illness must be work-related, or you won’t be eligible for the workers’ comp. When there is an accident at work, it is work-related and covered by worker’s comp insurance. When a worker develops an illness due to absorption or exposure to asbestos, it warrants compensation. In the same way, some hazardous chemicals or noise can cause hearing impairment. Recently, courts have ruled that emotional or mental stress also comes under the worker’s compensation plan. When a worker is suffering from depression or related emotional or mental disorder as a result of work, that qualifies the workers for workers’ comp.
- Reporting Deadlines
If you sustain a work-related injury, reporting it earlier is always better. Some states mandate that the worker or perhaps family member file a claim for workers’ comp within a specific period. You are to report to your employer as soon as possible. Three days max is ideal. This duration depends on the state laws regarding workers’ comp. When making a report, ensure you include the details in writing, the date of the injury, and place. If it’s an illness, state when you started noticing the sickness.
- Attending Required Medical Check-Up, Treatment And Examination
When you fail to show up for a medical appointment or test, you might lose your worker’s compensation. Your employer could claim that you’re faking the illness or injury. You must be corporative to qualify for workers’ compensation.
If you discover that you’re eligible for workers’ compensation and yet, your employer isn’t complying, hire a workers’ compensation lawyer. A competent lawyer will take the necessary steps to ensure you get your claim.