Who Can Claim Worker’s Compensation? (PDF)
It’s easy to get complacent and forget that accidents at work can happen. The problem is that they can occur no matter what you’re doing. Getting injured at work often isn’t the worst part; it’s the recovery time that has the most devastating effects. You get hurt, and then you have to sit on the sidelines for a while before you can return to your usual routine.
Unfortunately, if you’re injured while doing your work, it doesn’t always mean that you’ll be compensated. If you’re hurt on the job, it’s common to think that workers’ compensation will take care of everything. But is everyone eligible for this benefit, and does it cover every possible injury?
Can I claim For Worker’s Compensation?
If you’ve been injured at work, you might be eligible to file a claim for workers’ compensation. But not every business is required to provide the benefits. We mentioned that most businesses are required by law to give their employees workers’ comp and these provisions don’t apply to all positions in every industry.
If you work for a company that employs less than three people, there’s a chance it won’t have workers’ comp insurance coverage. But this isn’t always the case.
There are a number of things the court can consider when it is related to independent contractors, including how much work they do with your company, how much control they have over their workload, and how they interact with your organization.
You must be able to prove that you are an employee and you were injured at work, which prevented you from working. To receive workers’ compensation benefits you must apply within thirty days of the injury.
How Long Does It Last?
Workers’ compensation can, in some cases, last over 400 weeks. This means that it can last for up to seven and a half years; however, it doesn’t mean that you’ll be given the same amount of benefits the entire time (unless required by law).
You can suspend your workers’ compensation benefits after a few months, but this only applies if you can’t work or work at all again. If you can return to work but only in a lower-paying position then you will typically receive reduced benefits. If you can return to work without restrictions, your workers’ compensation benefits will automatically end for the time period set by your state.
If you suffer severe injuries and become permanently disabled, you could be entitled to workers’ comp for the rest of your life.
