Workers’ compensation law is complicated. Here, we present five facts you should know.
- First, workers’ compensation is intended to provide benefits to workers who are either injured while working or who become sick as a result of work activities or conditions. Workers’ compensation is an insurance program which provides payment to workers who have injuries or illnesses either sustained on the job or caused by their workplace. If you were injured while loading boxes, for example, you could be eligible for workers’ compensation.
- Second, eligible people can receive payment for lost wages and medical bills without regard to who was at fault for the injury or conditions. In exchange, workers generally give up the right to sue their employers.
- Third, Usually, there are three basic eligibility rules for these benefits.
- The person or company you were employed by must carry workers’ compensation insurance or be under a legal requirement to carry it.
- The injured worker must be an employee of that person or company.
- The injured party’s injury or illness must be work-related.
- Fourth, in addition, special rules exist for the following categories of workers: leased or loaned workers, casual or seasonal workers, agricultural and farm workers, and undocumented workers domestic workers.
- Fifth, not everyone who works are counted as employees when it comes to workers’ compensation claims. Independent contractors, for example, are not employees and cannot claim workers’ compensation benefits. Truck drivers working for a contracting company but on the site of another firm, for example, are independent contractors, as are IT or computer consultants who subcontract for another firm. Some employers attempt to classify workers as independent contractors when they are in fact employees.