What are the Eligibility Requirements for Workers’ Compensation?
April 16, 2020
If you suffered a workplace injury, you should be covered under your company’s Workers’ Compensation insurance. This insurance provides coverage for medical bills, among other benefits. However, there are some circumstances when Workers’ Compensation may not cover an injury suffered at work.
You must be an employee of the company in order to collect benefits under Workers’ Compensation insurance. Seasonal and part-time employees are covered. The benefits of Workers’ Compensation do not extend to contractors or vendors who may be working in the facility or providing services to the company.
However, consultants, freelancers, and other types of contract workers may be misclassified. In many cases, analysis of work arrangements may determine that the injured worker is considered an employee, which would make the employee eligible to receive Workers’ Compensation benefits. How much control your boss has over your work or your pay can be used to make this determination.
Scene of the Accident
If you were on the job site when your accident occurred, you are likely to be covered. If you were performing a function related to your job on an offsite location, you should be covered. For example, if you were delivering a project for your boss to a satellite office when you got into a car accident, you should be covered. However, you would not be covered for injuries sustained in a car accident on your morning commute to the office.
Performance of Job Duties
Workers’ Compensation benefits cover injuries that occur while the employee is engaged in work duties. However, you may be an employee and be injured right at your desk and be denied. If you were horsing around or taking unreasonable risks, you may be denied benefits, even if you were hurt on the premises. If you were injured while you were taking a break onsite or while you were engaged in some activity unrelated to your job, your claim may not stand.
Type of Injury
Many types of injuries are covered under Workers’ Compensation. Examples include falls on slippery floors, amputations from machine accidents, and back injuries from lifting heavy objects. Additionally, occupational illnesses contracted as a result of your job are covered by Workers’ Compensation.
Vineland Workers’ Compensation Lawyers at DiTomaso Law Represent Injured Workers
Insurance to cover employee injuries is expensive for employers. Unscrupulous employers may attempt to avoid paying Workers’ Compensation benefits to save on the business cost of insurance premiums. If you were hurt at work, you should have someone fighting for you. Our Vineland Workers’ Compensation lawyers at DiTomaso Law will provide experience and legal guidance to support your case. Contact us online or call us at 856-219-4970 to set up a free case evaluation. Located in Cherry Hill, New Jersey, we provide legal services to injured workers throughout South Jersey, including Mt. Holly, Camden County, and Vineland.
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