Are You Eligible For a Workers Comp Claim?

English, Worker’s Compensation Attorney   ,

We work with many people who want to pursue workers compensation lawsuits and we welcome you to come in for a free consultation you are interested in learning more about filing a lawsuit. Some people might be in the stages of asking themselves whether they are eligible to file a worker’s compensation claim. You could be entitled to worker’s compensation for an injury or illness resulting from your work. You might not know this but regardless of who is at fault in your injury or illness (you or the company), you can still receive workers compensation benefits. However, in most cases, once you have filed and accepted the compensation benefits you can no longer file a lawsuit against your company. This is unless you are able to sue outside of the workers compensation system.

workers compensation

Suing outside of that system means you have met one of these exceptions:

-You were injured by a toxic substance

-Your employer does not have workers compensation insurance

-A third party caused your illness or injury

-You were injured by a defective product

There are a few requirements that you must meet before being able to file for workers compensation. The first of these requirements is that your employer but be covered by work comp insurance. A large majority of employers are legally required to have workers compensation insurance.  Differing state laws mean that employers in different areas do not have the same requirements. However, most States will require that an employer with at least one employee must have coverage. Another factor in your eligibility is that you must be an employee of the company you wish to get workers compensation benefits from. This means that if you are A1099 employed individual you may still be able to get compensation benefits. However, depending on your status with a company your worker’s compensation may become a legal issue which you must pursue in court. The next factor regarding whether or not you will be able to gain workers compensation benefits is whether your injury or illness was in fact work related. Some injuries are cut-and-dry while others may be harder to pinpoint such as a company event, a lunch break outside of the office with other coworkers or some sort of company-sponsored situation.  Another thing to keep in mind Is that your eligibility may be denied if you do not file your claim within the deadlines and qualifications required by your state.

One of the final things to consider when pursuing a workers compensation filing is what sort of worker you are.Under certain laws some workers are exempt from filing workers compensation if they are a domestic worker, a leased or loaned employee, an agricultural or farming worker, a seasonal employee, or an undocumented worker. If you’re uncertain of your status and whether you are able to file for workers compensation benefits you may want to speak with a lawyer. This is especially so if your employer states that you aren’t eligible for workers compensation but you feel you fit into an exemption listed above. If you need help following workers compensation reach out to schedule a free initial consultation by calling (818)-501-7400