The workers’ compensation system is an inventive system created to guarantee that employees receive certain benefits regardless of fault when they are wounded or contract a disease while working. The system is a form of insurance that pays employees according to a timetable, so there is no need to argue about the reason for the sickness or illness or what the benefits will be.
The system generally works to guarantee that injured workers receive coverage when they are hurt, however there are occasionally disagreements regarding an employee’s level of impairment, whether the illness or injury was actually caused by their employment, or even the level of compensation. Read on to learn more about this system and how it might cover you. Contact PLBH at (800) 435-7542 if you are injured at work and require a consultation with an employment law attorney.
Almost all employees are covered by workers’ compensation – but not all
Almost all employees are generally eligible for workers’ compensation if they get hurt on the job or get sick because of their job. Workers’ compensation benefits are normally available to both full-time and part-time employees as long as their illness or accident occurred while they were performing their duties.
Some types of workers, though, may be exempt from the workers’ compensation system. Every state, including California and Arizona, has its own method for compensating injured workers. If you fit into one of the following categories, depending on where you live, you might not be covered by the workers’ compensation system:
Independent contractors: Independent contractors typically work for themselves. Usually, they are in charge of financing their own employment benefits. However, there are instances where companies wrongly identify workers as independent contractors in order to withhold benefits from them. If you find yourself in this circumstance, a knowledgeable workers’ compensation attorney can help to further explain this.
Casual laborers. A person who performs odd chores for others, such as a youngster from the neighborhood who mows your lawn in the summer or a babysitter who only comes around occasionally, may be referred to as a casual laborer. They most likely won’t qualify for payments under the workers’ compensation system.
Volunteers: In general, those who volunteer are not eligible for workers’ compensation.
Maritime workers. Workers in the maritime industry typically enjoy a different set of employee benefits that are not part of the workers’ compensation system.
Railroad workers. Workers in the railroad industry typically have their own benefit plans in place to cover them in the event of an illness or injury sustained while on the job.
Military. The Department of Veterans’ Affairs offers benefits to active-duty service members.
Depending on the type of work you do, your employer, and where you live, you may or may not be covered under the workers’ compensation system. A skilled workers’ compensation attorney can assist you in determining your eligibility for benefits if you are uncertain about your eligibility.
You have other options if you are not covered by workers’ compensation
There may be other options for obtaining compensation for a sickness or injury contracted while working if an employee is not qualified for workers’ compensation benefits. For instance, a casual employee who slips and falls down the stairs at the home where she is babysitting may be entitled to sue the owners to recover for her damages.
This casual employee might be someone like the above-mentioned babysitter. A formal appeal of a refusal of workers’ compensation payments may be another choice. These options can be explained to a worker by an accomplished workers’ compensation attorney.
The workers’ compensation attorneys at PLBH can help if you were ill or were hurt at work. Call (800) 435-7542 and info@plblaw.com right now to set up an introductory consultation and find out more about how we can help.