What is Workers’ Compensation?
Workers’ compensation, also referred to simply as Work Comp, is a form of employer insurance coverage provided to an employee who sustains a work-related illness or injury. In these cases, the employer’s workers’ compensation insurance company must pay for medical treatment and a portion of lost wages caused by the work-related illness or injury. However, you only receive this type of compensation if you are eligible.
Having workers’ compensation protection through your employer means you give up your right to file a lawsuit against your employer. To put it in more legal terms, your employer will have “work comp immunity”. Your fight therefore is not with your employer, but rather your employer’s workers’ compensation insurance company.
Do all employers have workers’ comp?
Most business owners with employees are required to purchase coverage – however, requirements for each business vary dependent on several factors. Coverage for a business typically depends on the number of employees.
How do I know if I qualify for workers’ comp?
There are four basic eligibility requirements for workers’ comp:
1. You must be an employee of business/company.
a. Independent contractors, such as freelancers or consultants, are not typically entitled to workers’ comp benefits.
2. Your employer must carry workers’ comp insurance. Just because they are required to carry workers’ compensation insurance does not mean they do.
3. You must have a work-related injury or illness, which is “doing something for the benefit of your employer and were injured or became ill as a result.”
4. You must meet your state’s deadline for reporting the injury and filing a workers’ comp claim.
Even if you meet all the above qualifications, you could lose your right to workers’ comp if you don’t meet the deadlines in your state. You must report your injury to your employer and file your workers’ comp claim in a timely manner.
What are the steps I need to take if I need qualify for workers’ comp?
The first step you need to take if you become ill or sustain a work-related injury is to immediately notify your employer and seek immediate medical assistance. Your doctor should provide a medical report to help you file your claim. Any delays in reporting the injury or visiting a doctor can put your benefits and your health at risk.
You should then contact a qualified attorney to assist and advise you of your rights and responsibilities under the worker’s comp system.
If you have more questions regarding workers’ compensation and obtaining a lawyer to help you get the benefits you deserve for your illness or injury, then contact Todd Miner Law today. Click here or call 407-894-1480.