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Eligibility for Workers’ Compensation

If you are injured at work, or become ill as a result of a work related incident, you may be entitled to receive benefits for things like medical bills, rehabilitation and lost wages from workers’ compensation. Workers’ compensation is a type of insurance that every employer is required to have according to state law. The purpose of such insurance is to ensure that every employee who is injured or becomes ill on the job will receive some degree of compensation. However, there are certain factors to be considered to make an employee eligible to reap the benefits of workers’ compensation. If you or someone you know has been injured or become ill due to a work related incident, contact the law office of Finkelstein and Partners today. Our team of workers’ compensation lawyers will use their knowledge and experience to make sure you receive only the best representation.

According to workers’ compensation, there are three general requirements to make employees eligible for workers’ compensation. The first factor is the employer having workers’ compensation coverage to begin with. Due to variances in state law, not all employers are required to have workers compensation coverage. An employer’s need for workers’ compensation coverage depends on what kind of business the employer has, how many employees are working for him/her and the type of work that the employees are doing. Generally speaking, however, it is very rare for an employer not to have this type of coverage. Many employers purchase workers’ compensation insurance even if they aren’t required to do so.

Another eligibility factor is that the person seeking benefits is actually an employee. As far as workers’ compensation is concerned, not all workers are considered employees. Examples of this are independent contractors. The independent contractor category may include freelance workers, volunteers or consultants.

Finally, in order to be eligible for workers’ compensation benefits your injury or illness must be work related. Often times, this eligibility factor is the one that is disputed. If you were injured or became ill as a result of doing something to benefit your employer or your work place, generally your ailment is considered work related and eligible for workers’ compensation. However, if you were not directly injured at work, but your injury or illness is somehow related to your job, it may not be so easy to determine whether or not you will be covered.

Even if you meet all three eligibility requirements, you still may not be entitled to receive workers’ compensation benefits, as there are some special parameters for some workers. For example, domestic workers, such as babysitters or housekeepers, are not eligible for workers’ compensation in some states. Farm workers and seasonal workers also may not be eligible depending on the specific workers’ compensation rules in their state.

If you or someone you know has been injured or become ill on the job and you are unsure if you qualify for workers’ compensation, contact the law office of Finkelstein and Partners, LLP. Our experienced group of workers’ compensation attorneys will fight for your rights and ensure that you receive just compensation. Call us at (800) 529-2676.