Workers’ compensation benefits help employees collect compensation for medical expenses, lost wages and other expenses related to workplace accidents. However, not every person who completes work for another party qualifies for benefits in case of a work-related injury. Learn more about the requirements for determining who is eligible for workers’ compensation benefits to make sure that you are covered. If you have any questions about eligibility, consult one of our experienced attorneys by calling (215) 464-4600 today.
Requirements for Compensation
Workers’ compensation insurance is intended to help employees cover their medical expenses and other costs related to workplace injuries. Even if an employee is responsible for the situation resulting in a workplace injury, most employees are eligible to collect workers’ comp. However, there are some basic requirements that determine whether an employee is eligible for these benefits.
The employer must be required to carry workers’ compensation coverage.
State laws dictate whether an employer is required to carry workers’ compensation insurance. Small employers are often exempt from this requirement, and employers that are involved in fields that are considered to have a low risk for workplace injury may not be required to have this type of insurance.
Non-profit companies are also occasionally exempt from having workers’ compensation insurance coverage. However, employers that are not legally required to have coverage often opt to carry this insurance anyway.
While some employers do not have to have workers’ comp insurance, most employers are required to be covered. States determine whether self-insuring is allowed. If an employer opts to self-insure, the employer would have to use company funds to pay for any medical expenses and other costs related to a workplace injury if an employee files a valid claim.
Workers’ compensation coverage protects both the employee and the employer. The employer is typically able to avoid a lawsuit in the case of a workplace accident if they choose to carry workers’ comp insurance.
You need to be an employee of the company
Even if you perform work tasks for an employer on a regular basis, you may not be considered to be an employee of the company. Independent contractors are not covered by workers’ compensation. However, it is important to consult a legal professional if you work for a company exclusively and have been denied a claim because the company tries to falsely classify you as an independent contractor.
Volunteers are usually not covered by workers’ compensation because they do not work for the company for which they are volunteering. However, some states allow certain volunteers to collect compensation. For example, volunteer fire police officers directing traffic at a parade would probably be eligible for benefits if they are injured by a vehicle during the event.
Any injury or illness related to a workers’ compensation claim must be the result of a workplace injury or incident.
If you fall at work and hurt your back, it is easy to establish that a workplace accident resulted in your back injury. However, many workers’ compensation situations are not so simple.
You are generally covered by workers’ compensation if you are acting as a representative of your company. If you are injured while helping a coworker by running a work-related errand, you may be eligible to collect benefits.
Since it is difficult to determine whether certain situations are covered by workers’ compensation, it is important to consult an attorney. Legal professionals who have experience in these types of cases will be able to help you determine whether you are eligible for benefits.
Getting Help Determining Who is Eligible for Workers’ Compensation
If you believe that you should be able to collect workers’ compensation benefits because of a workplace injury, you need to consult an attorney. Employers may attempt to dispute a claim to avoid providing compensation. The Law Offices of Samuel Fishman has experience in handling workers’ comp cases. We are here to help you collect the benefits you need to pay for medical bills and other necessities.
Our Workers’ Compensation Resources
External Workers’ Compensation Articles
US Department of Labor – Worker’ Compensation
US Department of Labor – Stats by State
Cornell Workers’ Compensation Overview
Workers’ Compensation Research Institute
Philadelphia Workers’ Compensation
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What’s Covered by Workers’ Comp?
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