Workers Compensation Lawyer
As a New York workers’ compensation lawyer from a firm like Polsky, Shouldice & Rosen, P.C. can explain, workers’ compensation is a benefit that most employees are entitled to in the United States, but there are some requirements that must be met. How do you know if you’re eligible for workers’ compensation? Check it out!
Is Your Employer Covered?
Most employers have a requirement to be covered by workers’ compensation, though not all. Each state has different laws that govern this requirement, and you can find out by speaking with your employer or the state’s workers’ compensation board. Some factors that determine whether an employer is required to have coverage include:
- Number of employees currently employed
- Type of business
- Type of work employees are completing
In some states, charities aren’t required to have coverage and in other states there’s a minimum of five employees before a business needs coverage. These differences are why it’s important to understand what your state requires.
Keep in mind that although your employer might be required to have coverage, that doesn’t mean it exists. Many employers are negligent in this area, and that’s when you’d have a lawsuit on your hands when you’re injured at work. On a similar note, many employers who are not required to have it still will.
Are You an Employee?
It may seem silly to ask yourself, “Am I an employee?” but there are several “employees” who aren’t actually employed by the company. For example, freelancers and consultants aren’t typically covered employees with protection through workers’ compensation. Those in the hospitality industry are also often not considered employees, so maids, babysitters and similar professionals might not have coverage.
Was Your Injury or Illness Directly Related to Your Job?
Not every injury that seems to be work-related actually is so. It’s important that you have evidence showing how your injury is connected to your work duties. Basically, if you were doing something on duty for your employer, it could be considered a work-related task and could qualify you for workers’ compensation.
Did You Report Your Injury?
One step that too many employees overlook is reporting the injury to the employer. Within a reasonable amount of time, often 24 hours, you have to let your employer know that you sustained an injury at work. It is recommended that your report is in writing, but a verbal report is better than no report at all. If you don’t report the injury, you might not qualify for coverage.
Contact a Lawyer To Learn More
Workers’ compensation is a benefit that many employees can take advantage of. If you were injured on the job, there are some requirements that must be met, but it’s possible you could receive compensation. Contact a workers’ compensation lawyer to learn more.