Who is Eligible for Workers Comp after a Workplace Accident

Federal and state governments have made it mandatory for employers to provide worker’s compensation insurance to employees who are injured on the job. Workers compensation laws are not uniform across the US. They vary from state to state. However, the basic principal remains more or less similar.

Eligibility of Worker’s Compensation

To receive worker’s compensation benefits you should be an employee of an organization. Worker’s compensation lawyers say that there are two categories of workers who are not entitled to receive worker’s compensation but can sue their employers. These workers include crewmembers on vessels and railroad workers. Whether you are entitled to receive worker’s compensation or not will depend on whether you are categorized as employees or as independent contractors.

How is an independent contractor different from an employee?

The terms employee and independent contractor mean two different things altogether. An employee is someone who performs daily assignments for a company.

• Employees are controlled and directed by the employer
• Performs chores for the company on a regular basis
• Works with tools rendered by the employer
• Works for the employer for extended periods of time
• The employer has the right to deduct taxes from their salary

Worker’s compensation attorneys explain that an independent contractor is a highly skilled person who brings his/her own tools to do the job. Moreover, they are engaged for a particular job which is often completed within a stipulated time and the employer does not deduct taxes from payments made to the contractor.

The main difference is that an employer has control over an employee. He can provide the employee with detailed instruction as to how he or she must fulfill the assignment. In case of an independent contractor, the employer can tell the contractor what he has to do but cannot tell him how to do it.

This is not the case for the deckhands in the show on Discovery Channel called Dangerous Catch. On that show, there is a captain and he has one or two assistants, the rest are employees on the boat, which is about two to four, and they are not independent contractors. The captain can fire anyone at any time if they did something wrong or are not performing up to the level that they are expected too. The deckhands on this boat are expected to work hard and to contribute. They are employees of the owner of the boat or the captain of the boat if the captain owns the boat. But if the captain does not own the boat he is still the boss and the workers on the boat are his employees.

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Other Vital Features of Worker’s Compensation

For the most part, a worker may be eligible for worker’s compensation benefits even if he or she is responsible for the injuries inflicted to themselves – unless it was intentional. However, if you are injured by your employer you are prohibited by state laws to sue the employer. You will have to accept compensation and rest your case.

Worker’s compensation lawyers say that it is critical to remember that if your employer has intentionally harmed you then you have the right to sue. In addition, if the employer has not provided worker’ comp insurance in violation of state laws and is not self-insured then employees have two options. They can sue or they can claim from the state’s special fund, if the state has such a fund.

A worker is eligible for compensation even when the injury has not happened in the premises of the company. You will receive compensation if you are injured while:

·         Making deliveries

·         Attending a business meeting

·         Attending work-related training

·         Enjoying events and picnics organized by your employer

If the insurer is delaying or even denied your workers comp claim, it would be prudent not to waste any time in consulting a worker’s compensation lawyer. Your legal counselor will manage the negotiations on your behalf and will work towards ending the stalemate and drama.