Qualifying For Workers' Compensation
Most people rely on gainful employment to earn a living. Some of the jobs that people perform in order to generate money put them at risk of sustaining an injury. Should you become injured during the course of a work day, you may be entitled to workers' compensation benefits that can help offset the financial burden of dealing with an injury.
Qualifying for workers' compensation benefits can sometimes be challenging. Here are two conditions that must be met in order for you to legally be entitled to receive workers' compensation benefits in the future:
1. You must be considered a legal employee.
The fact that you are receiving payment from an individual or entity doesn't necessarily mean that you are an employee of that person or entity in the eyes of the law. Workers' compensation law uses many different factors to help determine if an individual can be considered an employee for the purposes of filing a workers' compensation claim.
Some of these factors include the amount of control your employer has over you, the method being used to provide you with payment, and your employer's ability to hire and fire you. A judge will determine your employee status at a workers' compensation hearing, so be sure that you work with your worker's compensation attorney to provide the evidence needed to establish that you are a legal employee as you prepare for your hearing.
2. Your injury must be related to your job.
Many people mistakenly believe that workers' compensation benefits only apply to injuries that are sustained in the workplace. While these types of injuries are covered, you may also be entitled to compensation for injuries that occur elsewhere but are deemed to be related to your job activities.
For example, you may be entitled to compensation carpal tunnel treatment if your employer failed to provide you with an ergonomic keyboard. The carpal tunnel injury may not have first manifested itself at work, but your job-related activities directly contributed to the injury. Work closely with your attorney to ensure that you can prove a relationship between your injuries and your job as you seek workers' compensation benefits in the future.
Having access to workers' compensation benefits can make it possible for you to seek treatment for injuries without falling into financial trouble. In order to qualify for workers' compensation assistance, you need to ensure that you can prove you are a legal employee and that your injuries are related to your job.