Can I File for Workers’ Compensation?

Workers’ compensation programs exist to help provide support to individuals who are injured or made ill during the course of their employment. If this sounds like something that has happened to you, you might be in the position to file for workers’ compensation benefits. Here are some things to consider if you think you might need to file for workers’ compensation.

Do you work for an employer who is exempt from your state’s workers’ compensation laws?

States determine the laws related to workers’ compensation rights (unless you work for the federal government). While most places of business are covered, there are some exceptions. Typically, states will exclude very small businesses with only a few employees from the need to maintain workers’ compensation insurance coverage. Other exceptions may exist for certain industries, such as agriculture, or part-time domestic workers. If your place of business does not qualify for an exemption, then they are meant to comply with the requirement of maintaining workers’ compensation insurance.

Were you injured or made ill as the result of, or in the course of work related duties?

Did you injury occur at work? Did it occur outside of work, but while you were engaged in a work related activity, such as delivering something? If your injury occurred in the course of doing something work related, you can likely file a claim for workers’ compensation benefits.

Did you do anything wrongful to cause your injury?

Workers’ compensation benefits do not require that the employer did something wrong. The injury could even be cause by the employees own carelessness, and still qualify for workers’ compensation benefits. However, if the employee is injured while doing something very wrong, like committing a serious crime in their place of work, physically attacking a co-worker, or showing up to work intoxicated, the employee will likely forfeit his or her rights to collect workers’ compensation benefits.

Did your injury just recently occur?

States often have strict and rather short windows of time in which a person has the opportunity to apply for workers’ compensation benefits. Some states request the claim to be filed in just a matter of days, for others it is around a month. The clock will start ticking at the event of the injury if there was an accident at work that occurred or something of that nature. If you are suffering from a cumulative injury, such as carpel tunnel syndrome, or a disease, then the window of time will begin when you first seek medical attention for your injury or illness, or once you miss work as a result of the ailment, and when you knew or should have known it was related to your job.

Have you spoken with an attorney?

If you are still wondering if you can submit a claim for workers’ compensation, you should speak with an experienced workers’ compensation attorney. An attorney will be able to assess your claim and give you advice specific to your situation, and the state that you live and work in. Remember that the timeline is short, so act promptly so that you do not lost the opportunity to benefits from workers’ compensation as the result of a procedural failure. Workers’ compensation benefits are important for providing medical care and lost wages, so make sure you aggressively pursue your claim.

Contact Stern Law, PLLC for A Free Consultation

At Stern Law, PLLC, we have compassionate and caring attorneys ready to work with you in order to find the best strategy for seeking compensation for your job related injuries. Contact Stern Law, PLLC today at (844) 808-7529 for a free consolation with an experienced attorney.

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