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Are You An Injured Worker? How to Know If You Qualify For Workers’ Compensation

Workers compensation benefits are given to employees who injure themselves at work and need short-term or long-term compensation. Each state has rules to determine which workers qualify and which do not. It’s important to understand the types of workers and scenarios that qualify before filing a workers’ comp claim.

Know Basic Eligibility Requirements

There are basic eligibility requirements that you must meet to receive workers’ compensation. The most basic requirement is that you must be employed at a company that provides workers’ comp insurance. Second, your accident, injury or illness must be work related and serious enough to require long-term compensation. When you file a claim, you need to meet the deadline that varies in each state.

Are You An Injured Worker? How to Know If You Qualify For Workers' Compensation

Review Your Accident and Injury Details

Review the complete details of your accident and injury to decide if you have a workers’ comp case to begin with. A workplace injury or illness is covered if it occurred while you were working. An injury is not covered if the employee was acting irresponsibly or committing illegal acts, such as working while intoxicated or under the influence of drugs. The injury is not covered if it was self inflicted, an act of God, or committed while participating in a non-work-related recreational activity.

Review Workers’ Comp Law

The main fact about workers compensation law is the laws are similar but different in every state. Each state has a different way of enforcing the same federal laws that govern all of the states. When researching your qualifications, be specific about the state in which you live.

Contact a Lawyer

A workers compensation lawyer is the best source of information to determine your eligibility. When you cannot interpret the law yourself, contact a lawyer to explain certain sections of the law in clearer detail. A lawyer also determines if you qualify for compensation and the estimated amount. They will guide you through every step of filing a claim, tell you when to file, and show you how to handle a rejected claim. Additionally, a lawyer can prevent an employer from trying to circumvent the law and finding excuses not to pay an injured employee.

Workers compensation benefits are provided to injured workers in most U.S. states. However, not every accident or injury is covered under the state’s workers comp law. It’s your responsibility to review the state’s qualifications and decide if your case is allowed to move forward.

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