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Am I Covered by Workers' Compensation?

by The Cochran Firm Phildelphia   | February 13, 2019

Most states require companies to carry workers’ compensation insurance for their employees. In fact, all but one state, Texas, has these laws in place.  So, chances are, if you are injured while at work, you will probably be covered by workers’ compensation.  However, in order to get workers’ compensation benefits, you must be eligible, based on certain requirements.  By the end of this blog post, you should be able to answer this question: Am I covered by workers’ compensation benefits?

What is Workers’ Compensation?

Workers’ compensation, sometimes referred to as workers’ comp, is a state (and sometimes federal) program that gives benefits to employees who are injured while on the job. If you are injured while working, you can apply for benefits where your employer’s workers’ compensation insurance will pay wage and health benefits.

If injured, you file a claim with the state workers’ compensation board, the claim is reviewed, and then you are either approved or denied benefits through your employer's workers’ compensation insurance.

How Do I Know if I am Covered by Workers’ Compensation Benefits?

The easiest way to find out if you are covered by workers’ compensation benefits is to ask your employer.  If that is not possible, you should obtain the following information:

  • Am I An Employee? - If you receive a W2 from your job, you are most likely considered an employee of the company. If you do not, and you get a 1099 for tax purposes from your job, you are not considered an employee.  This is a very important distinction because only employees are able to claim workers’ compensation benefits.  If you are considered an independent contractor, a freelancer, or a consultant, you will not be allowed to file for workers’ compensation benefits.
  • Does My Company Carry Workers’ Compensation Insurance? - If you are considered an employee, you should next check to see whether your company carries workers’ comp insurance.  Again, most states require companies to carry this type of insurance, but there are exceptions, such as railroads (which are under federal laws), other federal employers, or sole proprietors.  Chances are, if you do not fit into one of these categories, your company will cover you for workers’ compensation benefits.
  • Is My Injury or Illness Work-Related? - If your work caused the injury or illness, then you will be entitled to workers’ compensation through your employer. However, there are a few caveats.  You will not be covered if your injury was self-inflicted or if injured while you were violating the law.  For example, if the injury was sustained while you were intoxicated by drugs or alcohol, you will not get workers’ compensation benefits. In addition, if you were on a break when the injury occurred, you will not be covered.  There are some other reasons why you may not be able to obtain benefits for injuries. If you have a question, you should speak to a workers’ compensation attorney about your specific case.
  • Did I File My Claim On Time? - This is a very important part of the claims process. If you are injured at work, you have to file a claim with your state’s workers’ compensation board within a certain period of time from the date of the injury.  Each state has their own time frame for filing a claim.  If you miss the deadline, you run the risk of being denied benefits, even if you meet the criteria outlined above.  This is why you should notify your employer right away if you are injured during work and file a claim with the workers’ compensation board right away.

What Types of Benefits Will I Receive?

Once you are approved for workers’ compensation benefits, you should start receiving your money within two to three weeks.  Workers’ compensation benefits will cover the following:

  • Medical Expenses - Medical expenses that are incurred because of your work injury will be covered by workers’ compensation. This includes hospital visits, follow-up visits, medication, out-patient therapies, and other types of expenses.
  • Travel Expenses - If the treatment for your injuries requires any travel, workers’ compensation will pay for these types of travel expenses.
  • Death Benefits - If you die as a result of a work injury, your family will receive benefits from your workers’ compensation claim. These benefits will be paid to your spouse until they remarry and to your children who are under the age of 18.
  • Lost Wages - If you fall under Temporary Total Disability, Partial Disability Benefits, or Specific Loss Benefits, you will be eligible for lost wages. Speak to your workers’ compensation attorney for specific amounts that you could obtain.

Call The Cochran Firm in Philadelphia Today To Discuss Your Workers’ Compensation Claim

By now, you may know whether you are covered by workers’ compensation benefits if you get injured while at work.  However, you may still have specific questions about your claim or the claims process or what to do if your claim is denied.

Founded by Johnnie Cochran, the Cochran Firm has been helping clients with their injury claims for a long time.  Our attorneys work for justice for our clients, fighting the insurance companies who are only looking to deny your claims and line their pockets.  The lawyers at the Cochran Firm fight for your rights to compensation and get results.  We have won multimillion-dollar verdicts in all sorts of personal injury cases, including car accidents, construction accidents, and motorcycle accidents.  We also help our clients file claims with workers’ compensation boards.

If you need assistance in any part of your workers’ compensation claim, give us a call at 1-800-969-4400.

Get a free consultation

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