If you're considering filing a workers compensation claim, there are a few things you should be aware of, and without which you are not eligible to receive benefits. This article discusses three prerequisites that must be fulfilled if you are to have any chance of success when filing your claim.
1. Employer Must Be Covered By Workers Compensation Insurance
The most important aspect of a workers compensation claim is ensuring that the employer in question is actually covered by workers compensation insurance. Not all states require employers to provide such protection for their employees. If you are injured on the job, you'll have no chance of receiving benefits if the position was not originally covered with a workers compensation policy.
2. Not All Injuries And Illnesses Qualify--Though Most Do
Accidents and illnesses that are covered by workers compensation include any that occur "in the course of employment." This statement is open to interpretation but pretty much includes any type and severity of injury or illness sustained during normal business hours. However, employees are also likely covered for any incidents that occur on their commute to work if they are driving a company vehicles or if they are on any business that relates to their occupation.
Additionally, you should know that the issue of fault relating to an injury or illness is rarely grounds for a denial of benefits. There are even instances of employees who were injured on the job, while impaired, who ultimately were awarded workers compensation benefits. The only stipulation here is that the injury sustained must not have been a direct result of the employee's intoxication or impairment (see Are Injuries Covered When Employee Is Partially At Fault). For example, a worker who was drunk and had his leg crushed when another employee dropped a pallet of merchandise on it would most certainly qualify for benefits. Conversely, if the intoxicated employee had crashed into a wall while driving a forklift, and injured himself, there is a possibility that he or she would not receive benefits.
3. There Is A Small Window Of Time During Which An Employee Can File A Claim
The time limit varies from state to state, though employees generally must file a workers compensation claim within one year of the date the injury occurred. However, there are other deadlines that must be adhered to, specifically, the amount of time that the employee has to notify his or her employer of the intention to file for benefits. Generally, the employee must notify the employer of their intent to file within thirty to forty-five days of the date the incident occurred, depending on the state in which the employee resides.
If you can make sure to satisfy these requirements when filing a workers compensation claim you are, at the very least, eligible to receive benefits. For more information, contact Moretti, Perlow & Bonin Law Offices or a similar firm.Share
4 December 2014
Like many people, I once found learning about law very intimidating. My brother went to law school and I remember glancing through a few of his books and wondering if I was actually reading English due to all of the legal jargon in them! However, when I ended up in a sticky legal situation due to accidentally breaking a small law I didn't know existed, I realized that I needed to learn more about the law, so I could make sure to follow it precisely in the future. My brother helped to break down some complicated legal concepts to me, and I have since been studying up online. I want to post what I have learned and continue to learn about law in the future on my new blog, so my knowledge cannot only help myself, but also help others!