In the past, injured employees had to hire attorneys to help them file personal injury claims against their employers. To free up the courts, the individual states enacted laws prohibiting employees from suing their employers except in extreme situations. Instead, a workers’ compensation law was enacted to ensure employees could get compensation for their work-related injuries and illnesses. Below, find out the ways you can qualify for worker’s compensation. 

How Do You Qualify For Worker’s Compensation?

1. You Must Be an Employee

The changes to the workplace have affected who may be considered an employee. Freelancers, outside contractors, and others performing work as a third-party entity are not considered employees. If you can count yourself as a third-party contractor and you’re injured, you may not be able to apply for worker’s compensation benefits. In that case, your situation may be governed by personal injury law, and you may have to consult with attorneys who deal in that area of civil law.

2. You Must Have Been Harmed in the Performance of Your Duties

Generally speaking, you may be eligible for worker’s compensation if you were injured or became ill as the result of performing your duties. This means you must have been “on the clock” and engaged in duties assigned by your employer. If you were at work and running in an unsafe area, where you fell over a container of hazardous materials, you may not qualify for benefits since you weren’t engaged in assigned duties. Similarly, if you stopped by to chat with a co-worker and chose to help them move boxes, any injuries that resulted wouldn’t be covered because you weren’t scheduled to be working at that time.

3. You Must File Claims on Time 

Most people do hire attorneys to help them file for worker’s compensation because it is a complicated process. An incorrectly filled out application or a missed deadline can cause your claim to be denied. In that case, you will have to start the appeals process, which can be lengthy and requires even more paperwork.

4. Your Employer Must Maintain Insurance

Most employers throughout the U.S. do maintain worker’s compensation insurance in compliance with state laws. Even states that don’t require employers to participate in the worker’s compensation system choose to do so voluntarily as a means of protecting business assets. Anytime you begin a new job, one of the first things you should do is find out if the company maintains worker’s compensation insurance. If not, find out why they don’t and how they handle employee injuries.

Hackworth, Ferguson & Thompson is a comprehensive law firm in Piedmont, MO, with over 45 years of experience. In addition to practicing family law, criminal law, and corporate law, their attorneys can help you file your worker’s compensation claim. To learn about all of the firm’s areas of practice, visit their website. To schedule a consultation, call them at (573) 223-4247.