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Key requirements for worker’s compensation eligibility

On Behalf of | Jan 21, 2022 | Workers' Compensation |

If you are hurt or develop an illness as a result of your work, you may consider filing a workers’ compensation claim so you can get the financial benefits you need to pay your treatment costs and other damages. 

However, before filing a workers’ comp claim, you need to find out if you are eligible for the compensation. Here are a few questions that can help you ascertain your eligibility for workers’ compensation.

Are you classified as an employee?

Your employment status will be crucial to whether you can claim. An employee can be full-time, part-time, seasonal, trainee or a working family member. Anyone classified as an independent contractor rather than an employee is probably not eligible.

Is your employer insured?

According to Virginia law, any employer who hires more than two employees is required to have workers’ compensation insurance. If your employer has not taken out the necessary insurance, you will need to look at other legal options. 

Was your injury work-related?

There has to be a direct relationship between your injury or illness and your work to qualify for worker’s comp. While you do not need to prove fault, and you are allowed to have contributed to the accident, the insurer may claim that you are not eligible for workers’ comp in certain circumstances. For instance, if it discovers that you were drunk on the job. 

A workers’ compensation claim can help you offset medical bills and get back on your feet following a workplace injury. However, you will need help to get the total amount due and counter any attempts to deny you.