A worker’s compensation is a form of insurance that provides financial coverage for employees who experience injuries or illnesses as a result of their job. According to The Federal Employees’ Compensation Act (FECA), employers are responsible for paying for these compensations to protect employees from undue financial hardship caused by injuries and or illness. But how can one know if they are qualified for worker’s compensation? Read on to get a comprehensive answer.
As an employee, it’s important to know that your eligibility to receive worker’s compensation is determined by several factors which your workers compensation lawyer can help you with. Some of them include the following below:
You Must Be a Verifiable Employee
First and foremost, you must be an employee of an organization to qualify for worker’s compensation. The terms of employment can either be part-time or full-time. If you are a volunteer or an independent contractor, you don’t meet the cut for worker’s compensation. If you need clarification on what is standard procedures for your specific company, then we highly recommend you take a look at your employee handbook or even ask your HR representative. They should be able to fill you in on any specific rules that might be in place.
You Must File the Case on Time
When you’ve experienced workplace injuries or illnesses, you should report them to your employers immediately. In most states, the time frame for reporting such cases is 30 days. If you fail to submit your case within this period, you will be disqualified from receiving compensation. So we highly recommend that you report it to your employers within the same week the injury takes place if you are able to.
The Injuries or Illness Should Be Work-Related
Every case of compensation will require proof of work-related injury or illness. Injuries and illnesses suffered outside work hours or at a private place will not be compensated. In some cases, proving whether the injury is work-related or not may be difficult. A good example is when you get injured while on lunch break. For this reason, consulting a trusted worker’s compensation lawyer may be necessary. You can easily contact your local worker’s compensation lawyer for any questions you may have and they will help you out as best as they can.
Your Employer Must Have Valid Compensation Insurance
The other aspects of workers’ compensation are related to the employer’s insurance. In order for employers to guarantee that they will be able to compensate you, it’s mandatory that they have valid compensation insurance. If you are curious about which insurance they offer, then it is highly recommended to ask your employer before any incident can take place.
You Must Be Unable to Perform Normal Duties
Following an injury or illness, you may no longer be able to perform your regular job duties. Therefore, if you were physically/mentally affected, be ready to prove how this impacts your income and your ability to continue working. Take notes on what it is hindering you to do and you could even get a written note from your doctor explaining the limitations you now have following the incident.
While the above mentioned are some of the major criteria used to test eligibility, other special rules may apply to different cases, such as casual workers. Make sure you consult your worker’s compensation lawyer for additional information.
Brooke Chaplan is a freelance writer and blogger. She lives and works out of her home in Los Lunas, New Mexico. She loves the outdoors and spends most of her time hiking, biking, and gardening. For more information, contact Brooke via Facebook at facebook.com/brooke.chaplan or Twitter @BrookeChaplan
