In the United States, workers’ compensation is a system of benefits that injured workers can receive. The benefits can include medical expenses, income replacement, and death benefits. Workers’ compensation is a state-mandated insurance program that is typically required by employers. 

To qualify for workers’ compensation benefits, an employee must have been injured while performing their job duties. The injury must have occurred within the scope of their employment. In other words, the injury must have happened while the employee was working, and it must be the result of their job duties. 

If you have been injured at work, you may be wondering if you qualify for workers’ compensation benefits. Keep reading to learn more about who qualifies for workers’ comp benefits.

Who qualifies for workers’ compensation benefits?

To qualify for workers’ compensation benefits, an employee must have been injured while performing their job duties. The injury must have occurred within the scope of their employment. In other words, the injury must have happened while the employee was working, and it must be the result of their job duties.

There are a few exceptions to this rule. For instance, if an employee is injured while working for a company that is not required to carry workers’ compensation insurance, they will not be eligible for benefits. Additionally, if an employee is injured while engaging in illegal activity, they will not be eligible for benefits.

How to file a workers’ compensation claim?

If you have been injured at work, you will need to file a workers’ compensation claim to receive benefits. The claim process can vary from state to state. In some states, you will need to file a claim with your employer. In other states, you will need to file a claim with the state workers’ compensation board.

If you are unsure of how to file a claim, you should speak to an experienced workers’ compensation attorney. They will be able to walk you through the process and ensure that your claim is properly filed.

What benefits are available through workers’ compensation?

There are a few different types of benefits that may be available to you through workers’ compensation. These benefits can include medical expenses, income replacement, and death benefits.

Medical benefits will cover the cost of your medical treatment. This can include the cost of doctors’ visits, hospital stays, prescription medications, and physical therapy.

Income replacement benefits will provide you with a portion of your lost wages. This benefit is typically available if you are unable to work due to your injury.

Death benefits are available to the surviving family members of an employee who dies because of a work-related injury.

What are some common pitfalls in workers’ compensation claims?

There are a few common mistakes that people make when filing workers’ compensation claims. One of the most common mistakes is waiting too long to file a claim. In most states, you will need to file a claim within a certain time frame. If you wait too long, you may be barred from receiving benefits.

Additionally, many people fail to get the proper medical treatment. To receive benefits, you will need to have a doctor document your injuries. Without this documentation, it will be difficult to prove that your injuries were work-related.

Finally, many people try to handle their workers’ compensation claims on their own. While it is possible to do this, it is often a good idea to seek the assistance of an experienced attorney. They can help you navigate the claims process and increase your chances of receiving the benefits you need.

If you have questions about whether you qualify for workers’ comp benefits, contact Gaylord and Nantais Attorneys At Law or Call us at (562) 561-2669 for more information.