Basically, workers’ compensation eligibility is determined or recognized by your status as an employee (as opposed to a contractor, for example); whether the injury, sickness or illness was work-related; and other factors, such as the type of work you do. It might happen that certain domestic workers may not be eligible. Consult workers compensation attorney phoenix for further assistance in this regards.
Let’s say, anyone working with a company as an independent contractor is not actually an employee and thus he/she is not covered by their workers’ comp insurance policy. Also, the injury or illness may have been occurred outside the workplace or as a result of “horseplay” and not one’s official work duties. It’s important to understand the workers’ compensation eligibility requirements in your place before filing a claim.
Rules often vary by state, but this article provides a general overview of workers’ compensation eligibility requirements.
There are a number of factors to determine workers’ compensation eligibility, including knowledge of your state’s laws. If you’ve been injured in the workplace, a workers’ compensation an expert such as employment lawyer in Toronto Stacey Ball will be able to determine whether you’re eligible for a claim.
Are you an Employee?
This question may sound like an obvious question, but it’s only for those classified as “employees” that are eligible for workers’ compensation benefits. Now, there may be some instances where an employee is mismatched as an “independent contractor (IC). If you are a consultant or a freelancer, the company for which you’re working is not generally your employer and you will be considered as IC. Independent contractors often are required (through contract based) to use arbitration for disputes, including injury claims.
If you have been injured or got sick at work and believe you have been a mismatch as an IC, you should talk to an employment lawyer in Toronto Stacey Ball immediately.
Do You Fall Under an Exempt Category?
Even if the facts of your claim are still undisputed, your workers’ compensation eligibility may get denied if your employment situation is exempt.
The most common categories exempt from workers’ compensation requirements under state laws include as follows:
- Undocumented workers
- Seasonal workers (such as migrant farm workers)
- Domestic workers, including nannies and caretakers
- Agriculture workers
Are You Eligible for Something Other than Workers’ Compensation?
If you’re not eligible for workers’ compensation, you can have other alternatives. Depending on your employment situation, you can claim compensation for work-related injuries through something other than workers’ compensation. In very rare circumstance, including injuries that were intentionally inflicted in the workplace, you may be able to sue your employer. Take the advice of an employment lawyer in Toronto Stacey Ball for taking legal actions.