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Are You Eligible for Workers’ Compensation?

Work-related injuries can be frustrating. The following questions can help eliminate some of the confusion you encounter when you are faced with a long recovery and are unable to return to work. Understanding how workers' compensation insurance works will allow you to get the help you need from a reputable workers' compensation attorney.

Can I Get Workers’ Compensation?

In most cases, the primary requirement for receiving workers’ compensation benefits is being an employee of the company.

Independent Contractor or an Employee

The main difference between an independent contractor and an employee is that an independent contractor is self-employed or works through a third-party. On the other hand, an employee is paid by the company and performs duties dictated by the company.

Does an Employer Have to Be at Fault for a Work-Related Injury?

A work-related injury is covered by workers’ compensation, no matter whose fault it is. It does not have to be caused by negligence on anyone’s part. The injury only has to be work-related.

Will I Be Able to Sue My Employer?

If workers’ compensation covers your work-related injury, there is no need to sue your employer. Your employer’s workers’ compensation insurance is responsible for covering all of your medical costs and lost wages.

What If My Injury Occurred Off Company Property?

Even if your injury occurs away from company property, it will be covered by workers’ compensation insurance given it is related to the performance of your job responsibilities.

What Injuries Aren’t Covered?

Injuries that are received during your commute to and from work are not covered. On a business trip, injuries received “off the clock” are not covered by workers’ compensation insurance.

What If There Is No Workers’ Compensation Insurance?

When no workers’ compensation insurance is in place, and your company is not self-insured, you may be forced to sue your employer to have your medical expenses and lost wages covered.

What Benefits Are Available?

Benefits associated with workers’ compensation include the payment of your medical expenses, weekly or bi-weekly payments in lieu of your normal wages, vocational rehab, and payments for permanent impairment.

When you have questions concerning workers’ compensation benefits, your first call should be to Gaylord & Nantais. They are reputable workers’ compensation attorneys who are always willing to assist their clients in getting the compensation they deserve. They can guide you through the entire workers’ compensation process from start to finish. Schedule an appointment today to find out if our attorneys can help you!


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Thomas M. Nantais

Thomas M. Nantais

Thomas M. Nantais is the Co- owner of Gaylord & Nantais, a legal firm specializing in workers’ compensation, in the state of California. This firm deals in getting hearing loss compensation and work related injuries compensation for those who have worked in the state of California. With his sincere efforts, Thomas is committed to meet the highest standards of the legal industry, and aims to provide the clients with an honest and aggressive representation.

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