Workers' compensation ensures an injured worker gets the medical attention they need and the necessary time off for recovery—without the fear of losing their job. However, not every injured party will qualify for workers' comp. To better understand if your claim meets the basic qualifications, here’s what you should know about the workers' comp eligibility requirements.

A Guide to Workers' Compensation Eligibility

1. You Are an Employee

A worker must be an employee of the business through which they are seeking compensation. An employee is typically someone on the payroll on a full- or part-time basis who pays taxes. This eliminates independent contractors, freelancers, and consultants—who are not usually considered standard employees.

2. Your Employer Must Carry Workers' Comp Insurance

According to Nevada law, all businesses in the state that have at least one employee must carry workers' comp insurance. The best way to find out if your employer carries the required coverage is to ask them directly when you report the accident to them.

3. Your Injury Must Be Related to Work

An employee cannot seek compensation for an injury that was not sustained at their place of employment or outside the course of their job. Injuries sustained elsewhere can be exacerbated by certain job-related responsibilities, but that does not make these injuries eligible for compensation. For instance, if you throw your back out lifting heavy boxes at work, that's a qualifying injury. However, if a person slips at home and twists their ankle and then makes the condition worse by working on their feet all day, the injury is typically not considered related to work.

4. You Must Report the Accident & File a Claim by the Appointed Deadlines

In Nevada, you have 90 days from the date of the accident to file a workers' compensation claim. In this 90-day time frame, preferably before the claim application, you should report the accident to your employer. The sooner you report the accident, the fresher the details will be and the faster you can get the needed financial support.

If you've been injured in a workplace accident, let the attorneys at Kidwell & Gallagher protect your rights. For over 20 years, this Elko, NV-based law firm has been representing work and personal injury clients throughout the state. They understand the stress and uncertainty a workplace injury can bring, and they will work to get you the compensation you deserve. Call (775) 738-1000 to schedule a free consultation, or visit them online to learn more about the workers’ compensation process.