If you have been injured in a workplace environment or become ill due to unsafe conditions, you might be eligible to receive workers compensation benefits. Workman compensation is a program required by law that provides payment to workers who suffer injuries on the job. Generally, the employee receives compensation for medical bills and lost income, regardless of who is at fault. In exchange, the employee forfeits any right to sue the employer. In some cases, a workers compensation attorney may be needed to help with the claim filing process.
Proving Workplace Negligence
For anyone who is seeking compensation benefits from their employer, they will need to show that the illness or injury was work-related. Typically, when an employee is involved in an activity that benefits the employer, and the individual becomes injured as a result of such activity, then the injury or illness is considered as work-related. In this scenario, the employee can receive benefits provided they meet all other eligibility requirements. Even though the work-related requirement might seem simple, it can be complex. Some situations fall into a gray area and therefore require legal assistance.
Not every employer is legally required to carry worker compensation coverage. The legal requirement usually depends on the number of employees they have, the type of business they operate, and the tasks employees perform. Some states have a minimum employee requirement, while others don’t set any. Additionally, some areas allow charities and similar organizations to opt out of the system. However, the vast majority of companies must carry coverage. If your employer claims to be exempt from worker compensation status, you might want to consult with an attorney.
Not all workers are considered as employees. For example, individuals who work as independent contractors are not designated as part or full-time employees, and therefore do not qualify for benefits. Many people in the service industry work as freelance contractors and consultants. Conversely, there can be situations when employees are misclassified as independent contractors. If you have been denied worker compensation benefits because the employer claimed you are not under their employ, you may have a valid legal case.
Injury Must Be Work-Related
There are a number of ways that workers become injured on the job. This can range from working around faulty machinery to dangerous chemical exposure. Many people suffer from repetitive motion injuries that greatly affect their mobility and quality of life. Most accidents result in short-term disability and are quickly resolved. However, anyone who suffers a permanent or disabling injury should consult with a qualified workers compensation attorney to ensure their rights are protected.
If you have sustained an injury in the workplace, you may need a workers compensation attorney to represent you especially if the injury is severe. Our experienced and knowledgeable legal team is here to provide you with aggressive legal representation.