An employee who has been injured on the job is entitled to a few compensation benefits.
Workers’ compensation is an insurance program. In case of any injuries to an organization’s workers, the insurance pays for the damages caused to the employees.
Here are three basic conditions that must be present for the employee to receive his/her workers’ compensation benefits:
The Company Must Be Covered By Workers’ Compensation
Variations in state laws mean that not all companies are required to have workers’ compensation insurance.
Many factors such as the number of employees, type of business, nature of work that the employees carry out, etc., come into play. Some states require charities to have workers’ compensation insurance, whereas others allow them to opt out.
Other companies, although they are not required to have workers’ compensation, get it anyway. This protects them against lawsuits later on.
You Must Be an Employee at the Time the Injury Occurred
Not all people who are working for the company are counted as employees. For example, independent contractors are not employees of the company and will not be entitled to any workers’ compensation benefits.
Some examples of independent contractors include freelance writers, financial consultants, mechanical contractors and so on.
Volunteers also do not come under the employees’ category. However, there might be exceptions. There are some states where volunteer fire fighters are specifically included to have workers’ compensation benefits.
Any Injury, Damage or Illness must be Work-Related
Any job that you are doing for the benefit of your company will be counted as work-related. Some examples of work-related injuries include back pain as a result of prolonged sitting, injuries as a result of chemical exposure, injuries caused by falling from heights, exertion injuries due to pulling, pushing, carrying, etc.
Some Groups Exempted from Workers’ Compensation
In some states, if you fall under any of the following groups, you might not be entitled for workers’ compensation benefits:
These workers are employed at homes and are responsible for house chores. In some states, domestic workers might not get workers’ compensation.
Agricultural and Farm Workers
People working in a farm, in some states, might not be covered by workers’ compensation insurance.
These are the workers who are hired only for a brief period during a certain time of the year. They are also not eligible to get workers’ compensation benefits.
Whether you are looking to determine your eligibility criteria for workers’ compensation benefits or are concerned about your state’s laws, we at the Fitzgerald Law Firm have all the answers. Our law firm, comprises a team of New York workers’ compensation lawyers. They can help you get your deserved benefits.