Even in a low-risk job, there’s always a possibility that you could become injured or fall ill as a result of your job. If this happens, you may be entitled to workers compensation benefits. There are, however, a few contingencies to consider if you believe that you’re entitled to workers compensation. Generally, workers compensation is insurance that your employer will purchase to pay your medical bills and compensate you for lost work due to a work related injury. By accepting workers compensation, you forfeit your right to sue your employer.
Is your employer carrying workers compensation?
Almost all employers are required to provide workers compensation. Every state has slightly varying laws. This usually depends on how many employees a company has, the type of business it is, or what type of work the employees are required to do. Some states have a minimum amount of employees before workers compensation is required. So if the minimum in your state is 5 employees, but there are only 4 employees at your company, it’s possible that your company does not have workers compensation. If you’re suspicious that your employer really does have workers compensation, and is withholding it from you, speak to an attorney. They can investigate and make sure that you’re given the benefits that you’re entitled to.
Are you considered an employee of your company?
Your first impulse is probably to answer ‘yes’ to this question. Chances are, you probably are considered an employee of your company.The gray area is if you’re considered an independent contractor. An independent contractor could be an electrician, a freelance writer, or any other position that is just as needed, rather than a job where you come in every single day no matter the tasks and jobs assigned to you. At some establishments, seasonal workers and volunteers are not considered full employees, and therefore you may not be entitled to workers compensation.
Is your injury or illness work related?
This is one of those questions that seems incredibly simple, but really isn’t. There are some instances where your injury is very clearly work related. If you hurt your back loading boxes in a warehouse, or something falls on you while you’re at work, those are work related injuries. In addition, if you contract carpal tunnel from typing every day or are exposed to dangerous chemicals at work and then fall ill, these are situations where you would qualify for workers compensation. But if you were off site or at a company party when the injury happened, it’s questionable whether or not your employer will be required to pay for your workers compensation. In these situations, an attorney can be helpful to make sure that you get the compensation you’re entitled to.