If you have been injured while at work, you may want to consider file a workers compensation claim in order to receive compensation for the hospital bills, as well as future costs of your injury, such as loss of pay because of a disability and future medical needs, as well. However, before filing a workers compensation claim, you need to know that you are eligible to do so. Here are the three basic requirements needed:
You Must be Employed With the Company:
If you are a contracted worker for a company, then you probably are not eligible for workers compensation since you are not an employee. This is also true for seasonal employees in most cases and any undocumented workers, as well. Of course, it depends on the state you are in, since the laws are going to vary. If you fall under being a contracted, undocumented or seasonal worker, speak with a workers compensation lawyer just to be sure that workers compensation is not something you are eligible for.
Employer Needs to Carry Workers Compensation Insurance:
Second of all, you need to be sure that your employer actually carries workers compensation insurance, otherwise, you aren't going to be able to file a claim because there is no insurance company to file a claim against. Your employer will be required to have a workers compensation insurance policy if they have a certain number of employees and work in a certain industry. This is also going to vary by state. If your employer does not have workers compensation insurance, speak with a workers compensation lawyer to determine whether or not they are legally within their rights to not hold one for the business.
The Injury is Considered a Work Injury:
There is a gray area when it comes to what type of injuries are considered a work injury. For example, some people think that they may be able to file a workers compensation claim because they were injured on their way to work. However, this is not the case. It needs to be a specific work-related injury that can be directly related back to your employment. Other situations that are difficult to prove probably aren't going to fall under a work injury. However, if you aren't sure, it doesn't hurt to double check with a workers compensation attorney.
When you know some of the basic requirements that entitled you to workers compensation, you can be sure that you don't waste your time filing if you are not actually eligible to do so. For more information, talk to a company like Mordhorst Law.