The first question you want to ask yourself immediately following an accident at work place is: “Does the stat Worker’s Compensation laws apply to me?” The countrywide law requires that any employee retaining more than three employees carry at work compensation coverage. In addition,state have laws requiring employers to provide their employees with workers’ compensation benefits for the injuries they sustain while taking their duties. However,employees need to understand that compensation does not come automatically but instead requires a serious understanding of the elements of a Workers Comp Claim to be certain that he or she will receive a favorable outcome.
Here are some common elements that you will find in a vast majority of states relating to workers’ compensation laws,as noted by -:
Benefits are offered for only Accidental work-related Injuries
The law entitled an employee to obtain benefits in the event the employee is injured in the course of employment. Some of the benefits you can claim include loss of wages,death and medical bills.
An eligible employee does not include independent contracted people.
When it comes to compensation for work-related injuries,the matter relating to fault does not arise since most states are no-fault states,so neither the employee nor the employer can be faulted for the accident. However,an employee retains the right to sue any other third party who may be responsible for the injuries.
For you to obtain the compensation there are certain key elements of a workers’ comp claim that you must look out for,and a - can help.
First,you must show that the injuries were purely work-related and that they arose in the cause of the work. This means that failure to prove this element would cast a shadow on your claim and cause it to be contested.Secondly,the employer must demonstrate that he or she was working for the benefit of the employer. This does not necessarily mean that he must have been within the premises of the employer. Instead,the area of work will cover any other place including while travelling to attend a business meeting on behalf of the employer.
All these elements are crucial to determining compensability of your claim. Thus,you need to hire a worker’s compensation attorney to help you prepare a strong claim.