The federal government requires every state to have workers' compensation laws to protect their workers if they are injured on the job. Although the laws vary from state to state, the intent is to provide workers ample compensation for the injuries suffered in the course of their employment.
Who Is Eligible for Workers' Compensation Benefits?
To be eligible for workers' compensation benefits, you have to be employed by the company. Although there are exceptions to this, an employee is anyone who works for the company and has taxes and other deductions taken from their check.
What's the Difference Between Employees and Independent Contractors?
Independent contractors usually work for themselves and are often self-employed. An employer is someone who works for and is paid for his services by a company or business. An employee has certain pre-set obligations that must be performed as part of their job description.
What Happens If My Injury Did Not Happen on My Employer's Premises?
You can be injured while on the job, even if you are not within the company premises. If you are injured while performing your regular day to day duties that are listed in your job description, you will qualify for workers' comp. This includes attending an off-site meeting or making deliveries.
Injuries Not Covered by Workers' Compensation
If you receive an injury while traveling to and from your job, such injuries will not be covered. Injuries suffered on a business trip may not be covered if they occurred while you were sight-seeing or doing other non-work related activities during the trip.
What If Your Employer Doesn't Have Workers' Compensation Insurance?
For a company to operate legally, they must be self-insured or carry workers' compensation insurance. If your company has not purchased either type of insurance, the only two options left will be to
- sue your employers for compensation
- file a workers' compensation claim with your state's special fund that handles uninsured workers' compensation claims (provided your state has such a fund)
What Types of Benefits Do Workers' Compensation Laws Provide?
In most cases, your Workers' Compensation insurance will provide you with weekly benefits while you are not working, paid medical expenses, vocational rehab, and permanent benefits if you can't return to work.
At Gaylord & Nantais, the attorneys are well-versed in workers' compensation law. They have the ability to represent you in legal proceedings that involve compensation for injuries and time lost from work. They understand the law and are ready to make sure you are taken care of until you are ready to return to work. Schedule an appointment today to find out if our attorneys can help you!
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