Am I Eligible for Workers Compensation?

May 28, 2019 | Worker's Compensation

In most states, if an employee is injured on the job, they could be eligible to recover workers’ compensation to cover the costs of medical expenses, lost wages, rehabilitation, and other expenses caused in the accident. However, workers’ compensation laws vary for each state in regards to what type of damages are recoverable for workers’ compensation, how much an injured employee is eligible to receive, and more, which can make it difficult to figure out if you are eligible for workers’ compensation in the first place. When this happens, having an experienced lawyer by your side that knows the ins and outs of your state’s workers’ compensation laws can help streamline the process and quickly determine your eligibility for workers’ compensation.

What Type of Injuries is Eligible for Workers Compensation?

When an employee is injured at work, generally speaking, it’ll likely be covered by workers’ compensation. While there are limits to the circumstances of a workers’ compensation accident, as long as the accident was work-related, the employee was on the clock, and the employee’s negligence didn’t contribute to the accident occurring, the employee’s injuries will more than likely be accepted. In the U.S., the most common types of workers’ compensation injuries that occur include:

  • Slip and fall injuries
  • Head trauma, such as concussions, brain damage, etc.
  • Illnesses caused by occupational exposure, including cancer and severe respiratory issues
  • While pain and suffering isn’t typically covered, mental and physical trauma such as PTSD and chronic pain are usually covered
  • repetitive strain injuries that occur on the job, such as a bone that is repeatedly broken on the job, repeatedly pulled muscles, etc.

In 2017, workers’ compensation laws covered approximately 135.6 million employees. With such a large scope of acceptable injuries, it can be difficult to determine if you are one of the occupations that your state laws don’t cover, but by gathering evidence of your injuries and the accident, immediately filing a report, and hiring a lawyer to represent your case, your rights to receive workers’ compensation can quickly be determined.

Who is Ineligible to Receive Workers Compensation?

Workers’ compensation laws can differ significantly from state to state. While in the state of Missouri, independent contractors are eligible for workers’ compensation, there are limits to this rule. For example, this rule doesn’t apply to construction workers or employees doing demolition work on the premises. In contrast to this, in the state of Colorado, all employees are eligible to receive workers’ compensation as long as they aren’t a volunteer, inmate, or a driver under a lease or contract.

With so many different variations on workers’ compensation laws and different definitions of what it means to be an independent contractor or “contracted employee,” it can be challenging to figure out if you are eligible to receive workers’ compensation, and even then, what damages you are eligible to receive per your state’s workers’ compensation laws. An experienced lawyer can make sure that you have substantial evidence from the accident, that you are protected from your negligent employer, and offer support during this trying time in any way possible. Your lawyer’s job is to recover the most compensation for your case and make sure that you are fully satisfied with the results of your case.

Talk to a Workers’ Compensation Lawyer Today

If you are one of the thousands of employees that are injured every year in workplace accidents, you need a Workers’ Compensation Lawyer on your side. Not only can a lawyer determine your eligibility for workers’ compensation, but if your employer continues to act negligently, refuses to provide you with the necessary paperwork, or submit your claim to the insurance company, your lawyer can protect your rights, defend your case, and ensure that you receive the benefits that you are entitled to.

Christopher Dixon and the Workers’ Compensation Lawyers at the Dixon Injury Firm are committed to helping you with your case in any way that they can and are available 24/7 to answer any questions or concerns that you might have throughout the workers’ compensation process. Chris Dixon has been named a “Top 100 Trial Lawyer” by the National Trial Lawyers Association, repeatedly recognized as a “Rising Star” by Super Lawyers, and has the experience and tactics needed to produce the best results for your workers’ compensation case.

If you have been injured on the job, and are wondering, “am I eligible for workers compensation?,” don’t hesitate to call (314) 208-2808, or contact the Dixon Injury Firm today to schedule a free consultation and discuss your case with our experienced Workers’ Compensation Lawyers.