Understanding Workers Compensation Eligibility

worker compensation coverage is a benefits program that is designed to provide coverage for medical bills and income replacement to employees who have a workplace injury or are suffering from an illness that is in some way tied to their employer. This means it is possible to receive work injury claims even if you were not injured on the job as long as the injury is related, in some way, to the job. An example of an injury that may qualify for a workers compensation settlement is one where a traveling salesperson is hit by another vehicle in the course of delivering a product to a customer.

Defining Eligibility

Determining your eligibility for Worker’s Compensation is not a task you must to take on alone. It also isn’t something you need to try and figure out on your own. There are agencies such as the state board of workers compensation and the Bureau of Workers Compensation in every state that are set up to help answer your questions and can even assist you with filling out your workers compensation forms and claims . This means that you do not have to guess about your eligibility but, as a rule, in order to file a claim for Worker’s Compensation, you should understand that it is a no-fault form of insurance.

When it comes to eligibility, you must be able to substantiate or claim:

  • That your injury or illness was not caused by willful misconduct on your part.
  • That your illness or injury was not caused by serious misconduct on your part.
  • That your illness or injury was not caused prior to employment with the employer you are filing the claim against.

Any of the above conditions are grounds for disqualification and, in some cases, may be instances where legal charges are filed against you for workers compensation fraud against your employer.

With regards to eligibility, it is also possible to be eligible for Worker’s Compensation under other conditions. These include:

  • When your illness or injury is caused by your employer’s intentional misconduct.
  • When your injury or illness is caused by your employer’s serious misconduct.

In the above two negligent cases of your employer, when you file a claim for Worker’s Compensation, if it is determined that you are eligible, you may receive double benefits.

Likewise, some of the eligible injuries and illnesses that are covered include:

  • Burns, scrapes, cuts, broken bones
  • Neck, face and hand scarring
  • Work-induced mental help problems
  • Repetitive stress injuries to the back or hands and wrists

What Laws Govern

Although Worker’s Compensation has its foundations established on the federal level, the laws that govern today’s cases are held at the state level. It is important to understand that these state laws govern individual cases where they occur because it is very possible in many cases that the accident or injury may occur in a state other than which a person lives.

Have you or someone you know been injured at work? If so, contact one of our experienced workers compensation lawyers in your area today.

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