Workers Compensation Eligibility

Workman’s compensation is a program put into place to protect both employees and the employers in the case of an accidental injury which takes place at work.  The purpose is to provide the injured employee with financial help, including but not limited to:

  • Medical bills or medication costs associated with the incident.
  • Rehabilitation costs associated with the incident.
  • Continuance of salary in some cases, even if the employee is unable to work.
  • Etc.

 

Although most individuals who are injured at work will be able to file workman’s compensation, there are many variables to consider.  For instance, the employer has the right to dispute workman’s compensation but most of the time, he or she must prove why the employee should not receive the benefits.  Here is some more information about who is entitled to workman’s compensation.

Accidents or Injuries That Occur at Work

Individuals who have had an accident or been injured at work are very likely entitled to receive compensation from their employer’s workman’s comp insurance.  Typically, the employee will be given a drug and alcohol test to ensure that his or her abilities were not impaired in any way through any fault of their own.  If the employee’s tests come back positive for drug or alcohol usage, it is safe to bet that they will not receive any sort of compensation at all.

However, if the tests are negative, the employee can file workman’s compensation.  Depending upon how badly he or she is injured, what happened at the time of the accident and what caused the accident – they may be approved for workman’s comp.

Accidents or Injuries That Occur While the Employee is On Company Time

There are many accidents or injuries that have occurred while employees were away from the office, but still on company time.  For instance, employees who travel for their companies, run errands for the company or leave for other reasons will likely still be entitled to workman’s compensation if an injury occurs on company time.  Of course, just like with injuries that occur at the place of business, the employee will probably be tested for drug or alcohol usage.

Employees That Receive Injuries Over Time

Another type of person that may be eligible for workman’s compensation benefits is someone who has developed an injury over time.  This might include carpel tunnel syndrome from doing repetitive motions which cause injuries.  Although the accident didn’t occur all at one time, the employee was still injured due to his or her work duties and may be covered by workman’s compensation benefits.

Workman’s compensation is designed to assist employees with bills or expenses related to the injury and protect employers from being sued.  Generally, an employer who pays workman’s compensation will save more money than if he doesn’t pay it and ends up facing an inury suit for large amounts of money because of an employee injury.  It is also designed to assist the employee and his or her families who suffer due to the fact that the employee is injured or not able to earn money for a period of time.

If you've been denied workers compensation, you should consult with an attorney immediately.

 

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