How Do I Qualify For Workers Comp?

How Do I Qualify For Workers Comp?When you’re injured at work and require medical care and time away from your job, you may be in a financial bind. Few people have the resources and savings built up to carry them through an unexpected work accident. Nor should a family have to drain their own resources to cover necessary expenses after an on-the-job injury. Workers’ compensation insurance exists to help individuals who are hurt at work. However, an employee must first qualify for workers comp benefits.

Basic Eligibility Requirements For Workers Compensation Qualification:

There are some basic eligibility requirements to qualify for workers comp benefits, including:

  • Your employer must be covered by workers’ comp or be required to be covered by workers’ comp. Not all employers are required to have workers’ compensation insurance.
  • You must be an employee of the company. For example, contractors are typically not eligible for workers’ compensation benefits even in cases where they were injured at their place of work and the company carries workers’ comp insurance.
  • The injury you sustained (or the illness you contracted) must have been directly related to your work.

Certain types of workers, such as farm and agricultural workers, seasonal workers, and undocumented workers may not be covered. Coverage may not exist even if they meet all eligibility requirements.

Other Eligibility Requirements To Qualify For Workers Comp 

There are some other requirements that most employees must meet to receive workers’ compensation benefits including but not limited to:

  • Test negative for alcohol and/or drugs during the initial medical examination
  • Have witnesses who provide testimonies to what happened before, during, and after the accident
  • Report the accident to the employer immediately and fill out a formal accident report

While the above may not absolutely exclude an employee from being considered eligible for workers’ compensation benefits, many claims are denied if an employee tests positive for drugs or alcohol, no accident form was filled out, or there were no witnesses to the accident.

Were you injured at work? Contact our experienced workers’ comp attorneys today to find out if you are eligible for benefits

There is no cost or obligation to learn about our services.
We can apply for your benefits on a contingency basis.