Are All Employees Covered By Workers Comp?
By Chris Dixon
Most employees are covered by workers comp, but like all things, there are a few exceptions. If there are known risks associated with a person’s job, such as construction work or farming, in some states, employees are ineligible to receive workers compensation benefits. With workers comp laws varying from state to state, it can be challenging to determine if you are covered by workers comp, and even if you are, you then face the struggle of determining what type of damages you are eligible to recover. An experienced lawyer knows the ins and outs of your state’s workers comp laws and can quickly determine the best way to proceed with your workers’ comp claim.
Am I Covered By Workers Comp if I Am An Independent Contractor?
Independent contractors, such as freelance musicians and photographers, some truck drivers, and consultants, are not technically “employees” of the companies they work for. Therefore, in most states, independent contractors are not eligible to receive workers comp benefits from the company they are contracted by, but sometimes if an employer wrongly classifies an employee as an “independent contractor,” or other factors come into play, an exemption can be made to classify an independent contractor as an “employee.”
Typically, if you are paid hourly, your equipment or other tools that caused injury were provided by the company you were working for, the company prohibited you from working for other companies while working for them, or the company controls how and when you work for them, you could be eligible to recover compensation for your workplace injuries. However, every state’s laws are different, and even if you are eligible to file a claim, a company could attempt to refuse your claim. This is where hiring a lawyer comes in – an experienced lawyer can make sure that you have substantial evidence to support your claim, that you are acting in accordance with the state’s laws for filing a claim, and that your employer is held responsible for any benefits that you could be entitled to.
Most Common Types of Employees Covered By Workers Comp
In most states, employees are eligible to receive workers compensation for most injuries that happen on the clock. Typically, the most common types of employees that are covered under workers comp include:
- Federal employees, under the Federal Employment Compensation Act
- Employees of businesses that employ more than their state’s required amount of employees to necessitate purchasing workers compensation insurance
- Employees that filed a W-2 with their employer
If your employer doesn’t have workers comp insurance, but is required to, or refuses to provide you with the necessary forms for filing a workers compensation claim, you can bring action against your negligent employer with assistance from a Workers Compensation Lawyer. An experienced lawyer can prove your eligibility to receive workers comp benefits, provide documentation of your employer’s negligence, and help you sue your negligent employer for the most compensation for your workplace injuries.
Discuss Your Case with a Workers Compensation Lawyer Today
In 2017, $45,047,380 in workers compensation benefits were awarded to employees injured in workplace accidents. If you or someone you love has been injured or killed while at work, and you are unsure whether you are covered by workers comp, or your employer is refusing to let you file a claim, you need an experienced lawyer to represent your case.
Christopher Dixon and the Workers Compensation Lawyers at the Dixon Injury Firm have the tools needed to push back against a negligent employer or to help you appeal a workers compensation claim that was denied. If you sustained injuries while on the clock, and need a lawyer to help you fight for the most compensation for your pain and suffering, there is no one better to represent your case than the Dixon Injury Firm.
For more information on why you should choose the Dixon Injury Firm to represent your workers comp case, and how you can recover full compensation for your workplace injuries, call (314) 409-7060, 855-40-CRASH, or contact the Dixon Injury Firm today to schedule a free consultation with our experienced Workers Compensation Lawyers.
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