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  • Are You Eligible to Receive Workers’ Compensation Benefits?

Are You Eligible to Receive Workers’ Compensation Benefits?

If you have been injured or contracted an illness on the job, you may be eligible to receive workers’ compensation benefits after filing a worker’s compensation claim. Workers’ compensation is an insurance program required by state law that provides payment to employees who have suffered work-related injuries or contracted work-related illnesses. Eligible employees can receive compensation for lost work and medical bills, regardless of who was at fault, and in return employees forfeit the right to sue their employers for the illness or injury (with a few exceptions). Continue reading to learn more about eligibility requirements for workers’ compensation benefits.

To learn more about our workers’ compensation legal services in Miami, Florida call (800) 223-1866.

According to NOLO, there are usually three basic eligibility requirements for workers’ compensation benefits: (1) the person or company you were working for must carry workers’ compensation insurance or be legally required to do so, (2) you must be an employee of that person or company, and (3) your injury or illness must be work-related.

For the first requirement, you must verify that your employer or company has workers’ compensation insurance or is legally required to do so because not all employers are required to provide workers’ compensation coverage and state laws vary.

For the second requirement, be aware that not all workers are employees when it comes to workers’ compensation eligibility, according to NOLO. “For instance, independent contractors are not employees and are not entitled to workers’ compensation benefits. Examples of independent contractors might include freelance writers or computer consultants. Many employers misclassify workers as independent contractors when they are really employees, however,” according to NOLO. Additionally, volunteers are not employees and are not entitled to workers’ compensation benefits, although there are exceptions to this rule.

For the third requirement, according to NOLO, “Generally speaking, if you were doing something for the benefit of your employer and were injured or became ill as a result, then it’s work-related. For example, if you hurt your back while loading boxes as part of your warehouse job, develop carpal tunnel syndrome as a result of typing on the job, or become ill due to exposure to hazardous chemicals at the work site, your injuries are clearly work-related.” However, it may be difficult to determine whether the issue was directly work-related, and you may want to consult the professional help of a law firm to help you determine if you meet this requirement.

In addition to these requirements, there are special rules for domestic workers, agricultural and farm workers, leased or loaned workers, casual or seasonal workers, and undocumented workers.

According to the Bureau of Labor Statistics, in 2009 there were 3.3 million reported cases of nonfatal workplace injuries and illnesses. If you have been injured or acquired an illness on the job, contact the Workers’ Compensation Center today (800) 223-1866. South Florida workers compensation and injury attorney Evan Hoffman and his fellow attorneys provide services to residents of South Florida, including residents of Miami, Fort Lauderdale, and West Palm Beach.

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Evan A. Hoffman

Evan A. Hoffman

Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.

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