How do I know if I am covered by workers' compensation?
To answer this question we first have to discuss what Workers’ Compensation actually is.
What is Workers’ Compensation?
Workers’ Compensation are a set of benefits that your employer provides you when you get injured on the job, get sick, or pass away because of something work related. These benefits include the paying for your medical bills and treatment meanwhile you recover and payments for lost wages while you are unable to work because of your injury of sickness.
How to be Covered?
To be covered by workers’ compensation, you must be an employee and have your injury or sickness as a result of your employment. Even if you are only employed for one day and get hurt, you are covered. For the most part, your injury needs to be somewhat serious and not just a little splinter. However, depending on the rules of your state, other factors might play a role in determining if you are covered or not by workers’ compensation.
Who is not covered?
In some states agricultural workers are not covered. Also, if you were intoxicated or under the influence and got injured on the job, you may not be covered by workers’ compensation. This is only because this is considered inappropriate behavior that could have caused harm to another employee. Similarly, if you injured yourself on purpose you may lose your benefits as well. This one is a little more obvious. Faking an injury just for the purpose of getting benefits can lead to further legal problems. Other employers who may not be covered in some states are seasonal workers, domestic workers, or independent contractors. Business owners, business partners, sole proprietors, and volunteers also may not be covered because they are technically not employees.
If you are not covered by workers’ compensation, you may be able to bring a civil claim against your employer, but this again is only if you are not covered by work comp. To fully receive the benefits, you must report your injury and file your workers’ compensation claim within the allotted time given by your state. In California, you have 30 days from the date of your injury to report it and file your claim. If you do not know for certain if you are covered or not by workers’ compensation, ask your employer or give a work injury attorney like us a call, we will be more than happy to answer any questions or concerns.
In moments of uncertainty it is best to consult with an attorney because workers’ compensation cases are delicate and require various things for the case to be a success. It is better to be safe than sorry. If you would like to know more information about who pays for your workers’ compensation insurance than visit our blog post to learn more.
NOTICE: Making a false or fraudulent Workers Compensation claim is a felony subject to up to 5 years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.