Who Qualifies for Workers’ Compensation?

Workers’ Compensation is an insurance program that provides financial support to employees injured on the job. The Federal government has regulations in place for the entire country such as mandatory coverage, but each state mandates its own workers’ comp program for employees.

Workers’ comp is meant to provide support to workers in a variety of different industries. Employees are compensated for lost time from work and for medical expenses. The only drawback to workers’ comp is that it prevents you from suing the employer for damages. If your employer does not have workers’ comp coverage, you may be able to file a personal injury lawsuit. You can also file a suit if you were injured by a defective product and you believe the manufacturer of the product is to blame. To find out your options, speak to a workers’ comp lawyer.

Am I Eligible for Workers’ Comp?

The eligibility requirements for workers’ comp coverage depend on three major factors. First, your company must carry workers’ comp insurance. Workers’ comp is mandatory, but there are a few exceptions to the rule. Some states exempt companies with less than three employees. Speak to your human resources department to find out if the company does, in fact, carry workers’ comp insurance. The second requirement is your employment with the company. You must be a current working employee before you can file for workers comp. You cannot file a claim against a company you do not work for.

If you have recently been terminated from the company, you may be able to file a workers’ comp retaliation claim. Retaliation claims are complex in nature and require the assistance of a legal professional. Contact a lawyer at Tatum Law Firm to discuss your case. It is also important to note that independent contractors are not considered company employees. Contractors are denied the right to file workers’ comp claims.

The third requirement is that you have been injured while working on the company premises. If you were injured on a sidewalk outside of the company building, that would be considered a personal injury claim against the city. The sidewalk is public property. To file a claim, there must be proof that regardless of liability the injury happened on company grounds. However, there are instances where employees try to file claims when they have been injured on their way to and from work or while completing a task for the employer.

You can still file a claim if the accident happened while you were off the clock so long as it occurred on the company premises.

Exceptions

Workers’ comp coverage does have its exceptions. Certain employees are not covered by the insurance and cannot file a claim. These workers are:

• Domestic workers (housekeepers, babysitters, butlers)
• Farm workers (field hands, )
• Loaned workers (temp agency employees)
• Seasonal workers
• Independent contractors
• Undocumented Workers (several states offer coverage to these workers but many do not)

Tatum Law Firm

The lawyers at Tatum Law Firm will be able to help workers in need of legal advice and support regarding their claims. We work in both the North and South Carolina areas. Call us today to schedule a free consultation or visit our website to chat with one of our professionals.