What Qualifies as a Workers Compensation Claim

Getting injured at your workplace can be stressful. You may be in pain and away from work for several days. Sometimes, an employee gets injured because he was made to work on a machine and he was not trained to operate it. Other examples may include slips and falls at the construction site. An employee may get confused about when and how to report an accident so that he can get compensation. In this case, one of several Roanoke workmans comp law firms in the region should be contacted. They have a team of professionals that can work closely with their clients. Below mentioned are a few parameters to qualify for a worker’s compensation:

You should be an employee

As per the state’s laws, you should have a full-time job offer from the company where you have been injured. Some of the workers that the company will not offer any benefits include independent contractors. The state’s laws have to be reviewed to define who’s eligible to get compensation because there may be several exceptions to it. Some states cover the volunteers and independent contractors after reviewing how much control they have on the work for the company.

Work-related injury or illness

Most importantly, the injury that you have suffered must be an on-job injury. The situations may vary from person to person. However, the employee should be able to prove that the injury that he has suffered was received at the workplace. Some instances may not be included on the worker’s comp such as an injury during lunchtime if the employee was outside the premises, the traveling time in the public transport or in your own vehicle when you were heading to the company for work. The course of the time makes a great difference in claiming worker’s compensation.

The company should have worker’s compensation insurance

According to state laws, the majority of employers should have worker’s compensation plans. However, small companies may be an exception to this law. In case, you have been injured in an accident at work and the company does not have worker’s compensation, you can file a claim for personal injury and contact an attorney. He can assist you to prepare the case with the relevant evidence.

The nature of the job

Lastly, your job should be covered in the worker’s compensation insurance.  Some examples where it is not applicable may include real estate agents, seasonal workers,  taxi drivers, agricultural and farm workers.