Workers’ compensation may cover medical expenses and a portion of missed wages if you suffer an injury or illness on the job. Whoever caused your injury is irrelevant to whether or not you can collect compensation, provided you meet the requirements. In return for this safety, you give up your legal recourse against your employer.
Workers’ compensation is insurance that can help cover the costs of medical care and lost wages if you become hurt or sick on the job. No matter who caused your harm, if you meet the requirements, you can collect compensation. This indemnity comes at the cost of your ability to sue your employer for compensation should something go wrong.
Even if they aren’t mandated to, many companies nonetheless get workers’ compensation insurance to protect themselves and their employees. These “opt-in” to the workers’ comp system as allowed by most state statutes. If an employee is injured on the job but cannot sue the company, they may still obtain workers’ compensation payments.
If your company denies your claim for workers’ compensation benefits on the grounds that you are an independent contractor or fall under one of the other exemptions or because they are not obligated to offer coverage, you may want to speak with an Employment Attorney near me.
Workers’ Compensation Is Only Available to Employees.
In the eyes of the workers’ compensation system, not every worker is an employee. In instance, workers who are considered independent contractors (such as freelancers, consultants, or members of the “gig economy”) are not often eligible for workers’ compensation.
However, many workers, such as those who drive for ride-sharing services like Uber and Lyft, argue that they were improperly classed as independent contractors rather than employees.
To avoid paying payroll taxes or workers’ compensation insurance premiums, many employers incorrectly label their employees as independent contractors. Independent contractors may still be considered employees for workers’ comp purposes even if they have completed a 1099 tax form.
Worker’s compensation benefits are not often available to volunteers, but there are certain exceptions. Some states have laws that mandate insurance for volunteer firefighters, while others allow fire departments to choose whether or not to offer insurance to their volunteers.
A Work-Related Injury or Illness Is Required
To put it simply, an illness or injury sustained while performing duties for the benefit of one’s employer is considered work-related if the employee in question performed the duties in question.