How Do I look For Workers Compensation After I Hurt My Back At work

How Do I look For Workers Compensation After I Hurt My Back At work

The federal government plus all other states have workers compensation laws that require employers to provide their employees with various types of insurance benefits in case they get injured in the course of their work.  The workers compensation regulations differ from one state to the next.

Eligibility for Workers Compensation Benefits 

For you to qualify for this kind of benefits, you need to be an employee. However, there are two exceptions to this which include: interstate railroad workers and crew members on vessels. These two groups of workers are ineligible for workers compensation benefits.

If they get injured while performing their duties, the federal government requires the employees to sue the companies that have employed them instead of receiving benefits. For all the other workers, their eligibility is determined by whether they are independent contractors or employees.

Distinguishing between a Contractor and a Worker

In general, an employee is considered as a person who

· Performs regular business assigned by the employer

· Uses tools provided by the employer

· Has taxes taken out of the pay stub by the employer

· Works under the control and direction of an employer

An independent service provider is the opposite of an employee. While an employer gets to tell the employee how to perform his or her duties, the employer cannot do the same with an independent contractor.

Does the Injury have to be the Employers Fault to Receive Compensation?

“When it comes to such cases, you will find that compensation has nothing to do with fault” says Barry from Gek Law. The employee is entitled benefits regardless of whether the injury was your fault that of your employer or nobody’s fault at all.

As long as you got injured when performing your workplace duties, then you will be entitled to receive the workers compensation benefits.

What Happens if the Injury Occurs Away from the Work Premises?

So as to be eligible for compensation, the injury need not occur in the business premises. You are entitled to receiving benefits as long as you got injured when in the course of discharging your duties.

There are many types of activities, related to work that takes place away from the official premises such as;

· Business meetings

· Deliveries

· Work-related education

What Type of Compensation is Provided for by the State Laws

Even though the workers compensation laws in different states vary, they all provide employees that have been injured with;

· Vocational rehabilitation

· Permanent impairment benefits

· Weekly compensation benefits

· Payment of medical treatment

It is important to consult with your lawyer so as to know the way forward after sustaining an injury

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