When you have been injured on the job, regardless of what happened, you will likely be able to apply for workers’ compensation. However, doing so may be easier said than done, and many applicants are initially denied. Furthermore, in certain situations, there may be an option to file a personal injury claim. If you need legal advice, help with filing for workers’ compensation or appealing a decision, or are unsure about what options are available to you, call an on the job injury attorney West Palm Beach has to offer.
Eligibility for Workers’ Compensation
Many employers are required to obtain workers’ compensation in the case one of their employees is injured while working. As an employee, it is important to understand whether your employer is one that is legally required to carry this type of insurance, and what types of situations could make you eligible for workers’ comp benefits.
Employees Only
The first qualification you must have to acquire workers’ comp is to be an employee of a company that carries workers’ comp insurance. All employees from full-time to part-time and seasonal are all qualified to obtain benefits, and usually the coverage applies right when you start working.
Freelancers, independent contractors, consultants, and volunteers are generally not eligible. If you’re unsure of your legal designation, ask your employer. If your employer withholds taxes from your paycheck, you are likely an employee. There is a chance they may try to group you into an independent contractor category to avoid paying out workers’ comp, and if this is the case, you should speak with an on the job injury attorney in West Palm Beach.
Injury or Illness Is Work-Related
As long as your injury or illness was caused by a work-related event, it will likely be covered under workers’ comp. You are responsible for providing the evidence that can support your claim, and some scenarios are easier to prove than others. If your case is more complex, involving repetitive stress injuries, hearing loss, or carpal tunnel syndrome for example, utilize the knowledge of an on the job injury attorney in West Palm Beach to improve your chances of having your claim accepted.
Exceptions
There are some exceptions to this rule, such as if you intentionally hurt yourself at work or are under the influence of alcohol or drugs when you get hurt. These scenarios are not covered. Other than that, regardless of whether it was your employer’s fault or your own accident that caused the injury, you should be covered.
As well, if you start a fight with another employee, they may be eligible for benefits, whereas you may not be. Some of these scenarios vary between states, so check with your local workers’ comp board or your on the job injury attorney West Palm Beach locals recommend to find out what scenarios are covered where you live.
Be Sure You’re Protected
If you have been injured or developed an illness at work that requires medical care and a significant amount of time away from work, it’s important to know if you are eligible for workers’ compensation. Speak with an experienced on the job injury attorney in West Palm Beach to find out for sure if your situation qualifies in your state, and rest assured that your case will be handled so you have the best chances for the outcome you deserve. Contact the Law Offices Of Franks, Koening, & Neuwelt today.
