You may be entitled to collect worker’s compensation if you are injured on the job or sick as a result of your work. If you pursue worker’s compensation, you may not file an independent workers comp lawsuit against your employer for being injured or ill. Worker’s comp is a kind of insurance against injury or sickness caused by your work and no special financial situation on the part of the employee is required to collect worker’s comp.
There are three eligibility requirements to collect worker’s comp:
- The person or company you work for must carry this insurance or be legally required to do so.
Not all employers are required to have worker’s comp insurance. It depends on how many employees the company has, what type of business it is, and what type of work the employees do. Many employers offer worker’s compensation because it ensures that employees are covered and that injured or ill employees can’t file lawsuits against the company.
- You must be an employee of that person or company.
Only some kinds of employees are allowed to collect worker’s comp. Independent contractors don’t qualify for coverage. Typically, volunteers do not qualify either. However, volunteer firefighters have sometimes been allowed to collect.
- The injury or illness must be work related.
The clear cut cases of on-the-job injury are fairly clear. If you are performing some act of work which benefits your employer, then you are qualified to collect workman’s comp. In situations where you’ve been injured on lunch break or on your commute to work, you might qualify for worker’s compensation but it tends to be a gray area.
Additionally, there are special rules for certain types of workers. Domestic workers and undocumented workers are not covered by worker’s comp in all states. Agricultural and farm workers are also not able to collect. If you were loaned to an employer by an agency, states differ as to which of the two companies must cover them, but you will be eligible for coverage. Casual or seasonal workers, those that only work for part of the year, are not required by law to be covered by their employers.
If you feel like you meet these criteria, yet your workers comp claim was still turned down, you should call a lawyer who specializes in workers compensation law. Consulting a lawyer can escalate tensions between you and your employer, but it's the only way to be sure that you're getting the best help you can.
