Compensations for workers are payments and expenses that the employer covers when the employee gets hurt while at work. You can also receive compensation if your working condition causes you to fall ill. This compensation can cover medical expenses and loss of wages for your inability to work due to your injuries. The employer is liable to pay the compensation in all cases where they are at fault.
You can file a workers’ compensation claim if you get hurt or your health deteriorates while working for an organization employing more than one person. The cause can be a work-related injury, disease, illness, or something else. The eligibility criteria for disability benefits will vary depending on the type of job and how long you worked there before being injured or ill.
You also need certain documents like medical records from doctors who treated you after falling ill or being injured at work. The records could be details about the diagnosis they performed on you as well as prescription reports. Your affidavit should make clear why exactly you file this claim because liability varies with each case.
Once you receive compensation from your employer, you cannot sue them for damages except those that lie outside the benefit.
This post will help you understand if you are eligible for workers’ compensation from your employer. Read on to learn more about your rights, and proceed with the required documentation of the incident.
How Do You Know if You Are Eligible?
To be eligible for compensation from your employer, you must fulfill specific requirements by law. You can go here to learn more about workers’ compensation proceedings. Outlined below are the things that will determine whether or not you will get compensation for injury or illness at your workplace.
1. Be a Valid Employee
It is common sense that you cannot file a compensation suit against an employer for whom you do not work. You must have worked for the company as an employee. Private contractors are not employees, and they are not eligible for the benefit.
2. Ascertain Liability
The next step is to determine whether your employer is liable for the injury/illness based on specific criteria, such as:
Was it a result of an accident at work?
An example here would be you slipping and falling inside the factory premises during the rainy season or spilling hot tea due to careless handling by someone else in front of you while working. It also includes injuries caused by faulty equipment and machinery, including traffic accidents involving the company vehicle.
Were you driving when this occurred?
If yes, then the liability falls totally on you as per applicable laws unless proven otherwise. Another case under the “accident” category can involve receiving help from another employee who may have injured themselves after seeking assistance with work.
Did you suffer from a work-related illness?
Illnesses caused by work conditions include respiratory diseases, cancer, etc. They can happen due to exposure to hazardous substances at work or prolonged hours spent working within the premises.
In such cases, your eligibility for compensation hinges on whether or not you experienced these conditions while working.
Were your injuries or illness caused due to someone else’s negligence?
Here, an example would be if another employee in the factory is careless about their work and spills chemicals all over you, which leads to burns on your skin. It also includes mismanagement of hazardous material like fire hazards, faulty equipment or machinery, etc., resulting in accidents or injuries at work.
This case falls under personal injury law, and you must file a separate claim against the person responsible for causing this damage rather than directly against the employer. Otherwise, they may not take responsibility given that there was no direct fault from their end.
3. Extent of Injury
If you get hurt and become disabled, you will get compensation for being unable to work for five or more calendar days. The days need not be consecutive. Even if your injuries do not lead to permanent disability, you will receive compensation because you could not work.
4. Wait Time Before Filing a Claim
How long you wait before you file for workers’ compensation might affect the outcome. For instance, you have four years from the date you get injured at work to file a claim. Otherwise, you will not be eligible for compensation from your employer.
Not Meeting the Requirements?
Even if you do not meet all of these requirements, there are still ways to file a claim. You will need the help of an attorney who specializes in this area. He must also have experience with the significant factors when filing a demand against employers under workers’ compensation.
No Workers’ Compensation Cover?
Your employer can compensate you if their insurance cover has the workers’ compensation included. However, if you work for a business that does not have this policy, they may be willing to give you extra payment on an individual basis.
However, it is a requirement to meet the eligibility criteria, and your employer should provide workers’ compensation benefits as per applicable laws. Otherwise, it is best to follow up with them or seek legal help from experts in the field if needed.
Conclusion
Workers’ compensation can help you cover medical costs and lost wages, depending on your eligibility for receiving this benefit. It is noteworthy to follow all laws related to the same and take professional help to receive full benefits as per applicable laws.
