Are You Eligible for Workers Compensation?

Last Updated on March 1st, 2023

If you were hurt at work, then you could be eligible for Worker’s Compensation in all 50 US states. However, not every worker who gets hurt on the job is eligible for receiving the benefits of the Worker’s Compensation Program, unfortunately, which creates an obvious sense of confusion regarding whether one’s injuries do qualify for the benefits or not. By the time you are reading through this post though, most of your confusion will be cleared away, so do read on as we answer important questions regarding the matter.

 

medical benefits
medical benefits

What If I Was at Fault?

Rest assured that even if the accident that led to the injury was partly or completely your own fault, you can still be as eligible for the compensation as any other injured worker who was not at fault.

 

What Exactly are the Eligibility Criteria?

There are multiple criteria, based on the work-related injury, the surrounding circumstances, and the state jurisdictions, but all you need to know about are the following essential factors for claiming Worker’s Compensation benefits.

  1. The injured worker must be officially registered as an employee of the company.
  2. The origin, place or source of the injury must be work/workspace related.
  3. The injured worker’s registered employer must have Worker’s Compensation coverage.
  4. The claim must be filed within the state-specified, maximum timeframe for filing Worker’s Compensation claims.
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employee medical insurance
employee medical insurance

Why is Medical Record Retrieval So Important for Claiming My Worker’s Compensation Claim?

Medical records are presented as proof of injury and all the associated expenses. Unless all records are in perfect order while filing a claim, the claim might be rejected despite the worker being eligible on all accounts. Fortunately, you are not going to be the one who will have to handle the complexities of medical documentation, as it is your Worker’s Compensation lawyer’s job to do so. Unfortunately, not every lawyer working in the field is as adept at this as they should be.

A medical record retrieval for law firms will assist your lawyer with faster retrievals and easier organization of the documents in their right order, which can really help your case.

 

What If My Employer Does Not Carry Worker’s Compensation Insurance?

Federal Worker’s Compensation Programs only cover federal workers, and state Worker’s Compensation policies are not mandatory for employers in every state. Therefore, it is possible that some employers may neglect to opt for Worker’s Compensation insurance. In such cases, it opens the company up for direct lawsuits, which your injury claims lawyer should be able to help you file.

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It can be a much longer process if you really do need to file a lawsuit against your employer, but it can also be a relatively short process as well. Provided that the injury was not your fault, it is more than likely that your employer will settle outside of court and pay the due compensation in exchange for settlement. Of course, this is one of those situations where the validity of the case must be judged based on the accident’s specific circumstances, meaning that only an experienced work injury claims lawyer can help you properly.

Dr. Amanda
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