Do You Qualify for Workers’ Compensation?

by | Jun 30, 2019 | GB

Workers’ Compensation Lawyer

Workers’ compensation exists to help employees who’ve been injured on the job. If this describes you, money is deserved for your pain and suffering, along with coverage for any subsequent medical bills. Unfortunately, there are reasons why you may not qualify for these benefits. Here are a few that could determine whether you qualify.

Worker Classification

To qualify for workers’ compensation, you need to be listed as an official employee. If you filled out a W4 for the IRS and received a W2 around tax time, you likely are. Under many circumstances, contractors are exempt; earners who determine their own hours, such as rideshare drivers and gardeners, are usually not covered. It’s also worth noting that business owners are ineligible for this safety net.

Injury Circumstance

The harm you suffer must be a direct result of work-related duties. Repetitive stress injuries are one example. Carpal tunnel syndrome and other types of inflammation caused by typing or lifting heavy objects are covered. You are similarly protected due to health problems caused by unsafe working conditions such as asbestos. Courts have even determined that legitimate claims can be made over mental stress caused by on-the-job pressures. Injuries sustained while you are commuting or having lunch offsite may not be protected.

Statute of Limitation

The amount of time you have to make a workers’ compensation claim varies by state, and often the nature of the injury. Additionally, there is a limited window within which you must tell your employer about your condition. You must meet both these statutes of limitations. Failure to meet either allotted period means your request for compensation is likely to be rejected. Because of this, it is suggested that you act as quickly as possible once an event happens.

Medical Treatment

Insurance organizations are constantly looking for claimants who are untruthful. Those responsible for determining the validity of workers’ compensation claims are no different. Your filing will be closely examined to verify that you have sought treatment. Be proactive by saving every medical invoice and professional recommendation. Also, take pictures of your injury if doing so proves that you sustained harm. Having these types of evidence may be key to appealing an unfavorable ruling.

Receiving workers’ compensation requires that numerous conditions be met. A lawyer knowledgeable in the field can help assure that you are not missing any of the essential ingredients. We recommend that you reach out to an experienced lawyer in the state in which the incident occurred; a local lawyer understands the intricacies of local state workers compensation laws. If you live in Pennsylvania, consider contacting a¬†workers’ compensation lawyer from Wieand Law Firm, LLC. to request a free consultation.