Workers Compensation Qualifications

Have you been injured, disabled or ill on the job? It is important to know your rights when it comes to Workers Compensation.
Find out more through this helpful guide. If you have been injured on the job or become ill while working, it can be difficult to handle an unexpected life change, loss of wages, and medical bill payments. In certain cases, you may be entitled to Workers’ Compensation benefits. In this article, you will learn all the important details about Workers Compensation including what it is, whether you qualify, what the state laws concerning Workers Compensation are, and how you can find attorneys that can help you receive the compensation you are owed. 

What Is Workers Compensation? 

Workers Compensation is a special type of insurance covering medical care and providing other benefits to an employee who suffers injuries or illnesses from or during work. Your employer is responsible for paying out the insurance benefits, and in return, you are stripped of your right to sue your employer for costs or damages. In most cases, workers compensation will provide you with partial wages, medical bills, and therapy bills. In the unfortunate event of death as a direct result of a workplace accident, injury, or illness, workers compensation will be paid towards dependents such as a spouse or children.

In most states, Workers Compensation is mandatory. Your employer will pay premiums towards a private insurance company each year or on an ongoing basis. It is important to keep in mind that unlike other benefits you pay into such as unemployment insurance, Workers Compensation is not deducted from your paycheck.

If you become injured or ill as a direct result of your job circumstances, you can file a Workers Compensation claim. Your employer will review your claim and if they deem the claim acceptable, they will pay out benefits. They will then be reimbursed by their insurance company for the costs. 

Your employer also has the right to dispute your Workers Insurance claim. They may do this if they believe the claim is invalid. If this occurs, the state Workers Compensation Board will receive and review the dispute. Then, they will carry out an investigation to determine if you or your employer is correct. You may have to receive an official physician's evaluation during this process to prove your physical or psychological injury or illness.

Workers Compensation Qualifications 

It can be difficult to understand if you qualify for Workers Compensation. There are five main requirements, although there may be more depending on the state you reside and work in.

Employee-Based Benefit 

It may seem evident, yet Workers Compensation is only available to employees of a company paying into Workers Compensation. If you work for a company, it is important to know what your worker status is. For instance, you may be hired as a freelancer, consultant, independent contractor, or volunteer without explicitly knowing that. 

Company Pays Workers Compensation 

Depending on the state, your company may not be required to pay into Workers Compensation. Since this is the case, you may wish to verify your state laws from our list further along in this article. You can also inquire into whether your company has this benefit through your HR department. Moreover, if you are an employee of the Federal Government or a Federal Government agency, you have access to a select type of Workers Compensation. 

Work-Related Injury or Illness 

If you were injured or became ill performing a task in your work environment, during your shift, you have a good case for Workers Compensation. It may be more unclear if you are eligible, the farther you are from this specific scenario. For instance, if you were injured off the clock but still working or if you became ill during an unpaid lunch break. 

Timely Reporting 

It is crucial that you file your Workers Compensation claim in a timely manner. There are different deadline requirements by state. If you do not report the injury or illness on time, you may not receive compensation. 

Special Workers 

If you are classified as a special worker, you may not be eligible for Workers Compensation. Exemptions are regulated by the state and may include more or less of the following common occupations: 

• Domestic workers such as childcare providers or senior aid workers

• Farm workers 

• Seasonal workers

• Undocumented workers 

Find Workers Compensation Laws By State 

In the United States, it is mandatory for certain types of businesses to have Workers Compensation. Yet, since it is regulated by the state, each state government makes different decisions regarding rules and regulations. You may investigate your state’s laws by following any of the links below. 

West 

• California

• Colorado 

• Oregon

• Washington

• Alaska

• Hawaii

• Wyoming 

East 

• Connecticut

• Maine

• Maryland

• Massachusetts 

• Delaware 

• Florida

• Georgia

• New Hampshire

• New Jersey

• New York

• North Carolina 

• Pennsylvania

• Rhode Island

• South Carolina

• Virginia

• Vermont

• West Virginia

Mid-West

• Idaho

• Illinois

• Indiana

• Iowa

• Kansas

• Michigan

• Minnesota

• Montana

• Nevada

• Nebraska

• Oklahoma

• South Dakota

• Wisconsin

South 

• Alabama

• Arizona

• Arkansas 

• Missouri

• Nebraska

• North Dakota

• Ohio

• Kentucky

• Louisiana

• Mississippi 

• New Mexico

• Tennessee 

• Texas

• Utah

Find Workers Compensation Attorneys Near You

If you need help filing a Workers Compensation claim, you are not alone. It can be a complex and drawn-out process. A qualified Workers Compensation lawyer can help you determine which documentation is necessary for a complete application. 

If your employer denies or disputes your Workers Compensation claim, you may seek counsel from a professional lawyer. They can guide you on your rights in the situation and determine whether you should seek legal action against your employer for your benefits. 

To locate your nearest Workers Compensation attorney, you can contact a local law school, legal or social aid office, or a community center that offers social assistance. They should be able to point you towards a recommended lawyer or firm that is specialized in Workers Compensation. 

It is important to remember to ensure your intended lawyer has the necessary training or education, experience, and positive reviews or references. If this is the case, you can be confident they will represent you well and provide you with helpful advice.