Who is Eligible for Workers Comp Benefits?

State as well as federal employees are entitled to worker’s compensation benefits when they are injured while performing a job for their companies. This is a type of insurance provided by the employer to the worker.

To be eligible to claim worker’s compensation you must be an employee in an organization and have suffered from a workplace injury or injuries. However, there are a few exceptions. Rail road workers and crew of vessels are not entitled to worker’s compensation benefits.

So that cancels out Captain Phillips or Captain Richard Phillips (Tom Hanks) and his crew. His crew was beat down, terrorized, and put through and agonizing ordeal on the Maersk Alabama. Though Phillips felt the brunt of the pain (but the movie has several flaws to it, Phillips was not anyone’s hero) and suffering but he survive with the assistance of the US Navy (who keeps the world safe all the time as well) (why this ship or none of these crew members had a gun on board knowing they were sailing through pirate infested waters is amazing). Anyways, Captain Phillips and his crew were not eligible for worker’s comp.

Perhaps they could have sued the company for some financial relief for not allowing them to properly arm themselves but that is another subject. They actually sued the shipping company for putting them at risk and again, that is another topic. And President Obama was wrong on this it seems – praising Captain Phillips. No surprise there!

Furthermore, they have the right to sue their employers to receive compensation. Worker’s compensation lawyers clarify that independent contractors even though they fulfill tasks for a company time to time are not employees and hence they do not qualify for the worker’s compensation.

What is the difference between an independent contractor and employee?

Worker’s compensation attorneys specify that there are several factors that distinguish the employees from independent contractors. Employees work for a company or for an individual. Independent contractors do not work for or under someone. They are hired to do certain specialized chores from time to time. They do not get a salary but a fee for the job. For the most part, contract employees:

• Work under the supervision and control of an employer
• Work for the company on a daily basis
• Work with tools provided by the employer
• Work for a company for a long time
• Receive a salary and employers are entitled to deduct taxes

Independent contractors are hired sometimes to do a single chore or task. They are highly skilled individuals who are often contracted to do one job and might not be engaged on a regular basis. The employer has no control over an independent contractor. The individual brings his own tools and the company also cannot dictate how to perform a particular task. For instance, if a company needs an electrician the management can tell him what they want him to do but cannot tell him how to do it.

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Salient features of worker’s comp benefits

Worker’s compensation lawyers explain that you will get benefits even if you were injured because of your own fault. Worker’s compensation is known as exclusive remedy. This means that you will have to file claim from the insurer only and you have no right to sue your employer. You are entitled to benefits even if you were not injured in the premises of the company provided you were hurt while performing a task for your employer. For example, if you suffer injuries while delivering a product, attending a business meeting, or taking part in work-related training.

If you are injured while travelling to a business meeting or training then you are able to seek and secure benefits. Moreover workers who are hurt while attending a company function can also file a claim.

You cannot claim worker’s comp if you suffer an accident while traveling to and from work. Furthermore you cannot claim compensation if you went sightseeing while on a business trip and get injured. Playing basketball, body surfing, riding a Segway, that is on you!

What happens if your employer does not have coverage?

The only time you can sue your employer is if no coverage is provided. You can also file a claim attributed to the state’s special fund, if your state has one, which deals with uninsured workers’ comp claims.

Handling workers compensation claims and processes could be a daunting task especially when you are trying to recover from a workplace injury. If you have trouble with your workers comp claim notify a worker compensation lawyer as soon as possible. Your legal representative will provide the necessary support so that the process is completed smoothly and you receive your dues promptly – well as soon as possible.

Give us a call if you want.