A Guide from Charles Spinelli on Understanding How To Determine Eligibility of Worker’s Compensation of an Employee

Workers’ compensation is a mandatory form of insurance under federal and state law that aims to support employees with medical, wage, and other benefits in the event they sustain work-related injuries or illnesses. According to Charles Spinelli, the objective of the program is to offer quick and reliable healthcare to injured workers, and also lessen the financial liabilities of employers. However, purchasing the insurance, paying its premium, and assisting the injured or ill worker on the job in fulfilling the claim formalities are legal liabilities of the employer.

Workers’ comp is a no-fault system. That precisely means employees will get fast access to the benefits no matter who is liable for the accident, provided they get injured while on the job. In general, to determine if an injured worker qualifies for worker’s compensation, meeting the following conditions is important.

• The victim should be an employee of the company.
• The employer of the company must have coverage of workers’ compensation insurance.
• The injury or illness should be job-related no matter whether it occurs within the workplace or on a fieldwork
• The worker meets the stipulated deadline to report the incident and file a compensation claim.

Do part-time employees, seasonal workers, or temporary workers qualify for workers’ compensation?

Workers involved as part-time, seasonal, or temporary employees often make mistakes considering they are not entitled to worker’s comp benefits simply as they are not full-time employees. Noteworthy, most state laws now entitle part-time, seasonal, and temporary workers to workers’ compensation benefits as long as they are not categorized as independent workers.

Who does not qualify for Workers’ Comp Coverage?

Workers who do not qualify and don’t come under workers’ comp benefits are independent contractors, professional consultants, and freelancers. Contextually, it is worth noting that many employers dishonestly classify their workers as independent workers to avoid paying premiums and investing in workers’ compensation. Under such circumstances, make sure to consult a lawyer specializing in worker’s compensation law.

Though workers’ compensation is accessible to almost all employees, some workers or occupations are not covered under this law. It is because they are allowed to any different insurance benefits or systems. These cover Federal government employees, longshoremen, and railroad workers. They get coverage under other insurance laws.

What types of injuries and illnesses are allowed in Workers’ Comp?

Precisely, Workers’ compensation qualifies all employees who got injury or illness while working on behalf of their employer. This may include mild to major work injuries, repetitive or gradual stress injuries, mental and physical impairments, and any workplace-related ailment. After a workplace injury, if a worker wonders whether the injury is work-related, It is worth consulting a workers’ comp lawyer to get expert insight says Charles Spinelli.

Reasons an injured or ill worker may not be qualified for workers’ Compensation

Although most employees are covered related to any work-related injury or illness, however, under certain conditions, the insurer can nullify one’s eligibility to file for a claim. The conditions are stated: 

• A worker who ignores or does not follow the accurate safety measures even after training.
• The injured worker was found engaged in any unlawful actions.
• It is a self-inflicted injury.
• The injury caused due to fighting with co-workers.
• The injury was caused under the influence of alcohol or drugs.

Reporting and filing deadlines

The law instructs the employees to report any on-the-job injuries or ailments to their employer within 30 days of its happening. Accordingly, the employer needs to support the worker with a form for making a workers’ compensation claim within one working day. The form should be completed and returned immediately as delays could rob the eligibility of the worker from benefits.