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Told You Were Ineligible For Workers' Compensation? Find Out The Truth
Dolores Rice
If you are injured while on the job and your employer says you are not eligible for workers' compensation, you do not have to automatically take their word for it. Contrary to the belief of some, employers do not designate eligibility for these payments — there is a legal guideline that outlines eligibility. Learn more to determine if you can seek workers' compensation.
Injury Circumstances
If an employee submits a request for workers' compensation, their employer researches the matter and then determines that the employee is ineligible, this decision could be the result of the circumstances surrounding the injury. State laws typically state that an injury must have originated from a work-related activity or be exacerbated by these activities.
If the employer's research, including a review of your medical records, concludes that the injury is old, they may deem you ineligible. However, these scenarios can sometimes be complex. As such, if you are confident you hurt yourself at work, speak with an attorney for help.
Reporting Deadlines
A statement from your employer that you are not eligible for workers' compensation could also be the result of a reporting deadline. Every state has a reporting and claims filing deadline for work-related injuries. For example, state law can mandate that the injury be reported to the employer within 90 days of the incident and that the claim is filed within 2 years.
In terms of reporting the injury, it is worth noting that the report is not considered official until it is submitted in writing. Injured workers must present this documentation to their employer as soon as possible to avoid this type of technical denial.
Non-Traditional Employment
Another reason that an employer will sometimes tell an individual they are ineligible for workers' compensation is if they are a non-traditional employee, such as a nanny. In some states, the homeowner is not required to provide this protection for private, in-home workers.
However, speak with an attorney before you just accept this situation. In many states, if the hours that the individual works are consistently equivalent to the schedule of a full-time worker, the employer may be required to carry this coverage. As such, you may be eligible for payment.
If you have questions about this or anything related to workers' compensation, a workers' comp attorney can provide more information. Speak with an attorney to explain your situation and to learn how to best move forward.
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