Do You Qualify for Workers’ Compensation Benefits?
Workers’ compensation laws cover most employees, but there are exceptions to the rules. So if you’ve been hurt at your workplace, you need to be aware of the qualifications for workers’ compensation benefits. That’s the best way to start answering the question, “Am I eligible for workers’ compensation?” When you know the requirements, you’ll maximize your chances of success by being informed and prepared – particularly if you seek the assistance of a skilled and experienced attorney.
Requirements for workers’ compensation benefits:
First, you need to be an employee of the employer in question, rather than an independent contractor. If you work under the direction of your employer as part of their regular business and at regular times, such as working first shift, while using the employer’s tools/equipment and being paid under a W2, you’re probably an employee, even if your employer calls you an “independent contractor” or pays you on a 1099. In contrast, if you run your own business, use your own tools, and do not work as part of your employer’s regular business, i.e. you on the employer’s premises to do a single job such as install carpet, you may be considered an independent contractor, depending on the job you were hired to do and the nature of the employer’s business.
You don’t have to be concerned about whose fault it was that you got hurt while you were on the job. That’s because you’re entitled to workers’ compensation whether you were at fault, your employer was at fault, or no one was at fault – as long as your injuries were related to your work. In fact, not all injuries have to have happened at your workplace for them to qualify for workers’ compensation.
All employers who employ three employees or more are legally obligated to have workers’ compensation insurance. If you find out that your employer does not have workers’ compensation insurance and you are worried about what might happen if you get injured, the North Carolina Industrial Commission may be able to help force your employer to get insurance. If you have already been injured, you should contact an attorney at the Deuterman Law Group as soon as possible so that you can pursue a claim directly against your employer.
Remember that there are exceptions to these rules, and you should seek an attorney’s help if you’re not sure you qualify.
Bottom line? Having an experienced attorney on your side from the beginning will ensure that you understand the benefits to which you are entitled and will ensure that your case is handled quickly and expertly, so call us at the Deuterman Law Group as soon as possible.