Am I Eligible for Workers’ Compensation?
We know that filing an injury claim is confusing and complex.. The Workers’ Compensation Act provides 100% of medical costs (plus additional wage benefits for recovery time away from work) for workers who sustain injuries and/or illnesses on the job. With nearly 3 million non-fatal injuries and over 4,000 fatal injuries happening to U.S. workers in the span of one year, according to the U.S. Bureau of Labor Statistics, workers’ compensation policies are very important for protecting hardworking employees.
Unfortunately, even if you’re covered under a workers’ comp policy, you aren’t necessarily eligible to receive benefits after any injury or illness. As a result of our experience, we know that these types of situations can arise and having an attorney on your side can help. It’s also important to understand that each state (plus the federal government) has its own workers’ comp laws; precise requirements may differ depending on your employer and your state of residence.
In general, the most important requirement is you much have sustained an injury while in the “course and scope of employment.”
What does “course and scope of employment” mean? Generally that means you were “on the clock” when the injury happened, but injured workers can be covered in several other instances. For example:
- You slip and fall in the employer’s parking lot.
- You’re at a job function off-site and sustain an injury.
- You’ve been classified as an “independent contractor” but nearly everything about your job suggests you’re an employee.
- You’re an undocumented immigrant and get hurt while being paid “under the table.”
- You reinjure a part of your body that has already been the subject of a prior claim.
These general examples hold true in most circumstances, but every case requires a specific analysis. Our Denver attorneys are here to explain all of your options and guide you through this complex process. Contact the Law Offices of Dianne Sawaya today for a free consultation and assistance navigating the workers’ compensation claims process.