Workers’ Compensation Qualifications
Workers’ comp is a system intended to protect individuals in case an injury happens while he or she is on the job. Workers’ comp functions by fully compensating all expenses that result from a workplace injury, from medical bills to lost wages due to missed work. However, this raises a very important question: “Who is eligible for workers’ comp?” If you have a dangerous job and want to be protected if an injury ever does occur, you should know for sure whether or not you are protected. This simple guide will tell you everything you need to know.
Workers’ Comp Eligibility
The simple answer to the question of who is eligible is injured employees. Before examining the two more detailed requirements, you should know that the workers’ comp is an incredibly widespread and accessible benefit. Workers’ comp is run by the state, but it is available in every state in the United States. If you are working anywhere in the U.S., and you sustain any kind of injury, chances are extremely high that you qualify for workers’ compensation.
The Two Requirements
To get into more detail, there are two simple requirements that must be met for any injury to be compensated by workers’ comp:
- The worker must be an employee.
- The injury must be the result of the worker doing his or her job.
The first requirement is quite easy to understand. There are several ways to classify workers, and only employees are covered. This is the most common classification, and the majority of people in the U.S. are employees. Employees are paid workers who have a portion of their paychecks withheld for tax purposes.
The second requirement is a little more complicated. It must be shown that the injury is work-related. That means it happened because someone was doing his or her job. This person can either be the injured person or it can be a co-worker. Regardless, the actual action that caused the injury must have been taken to benefit the business.
Common examples of work-related activities that can lead to injury include operating machinery, mopping the floor, and hauling heavy objects. Examples of things that would not qualify include eating lunch in the break room or driving to and from work. It is possible for your injury to be work-related, even if you were not on the clock at the time. It can be tricky to be sure your injury is work-related in some situations. If you have any doubts, be sure to speak with a workers’ compensation attorney, like a Newark workers’ compensation attorney.
Thanks to Rispoli & Borneo, P.C. for their insight into who qualifies for workers’ compensation.