Are You Eligible for Workers’ Comp? What You Need to Understand

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One day at work, your back gives out while lifting an extra-heavy box for your boss. Or you slip and fall while running to the copy machine. Or at a job site, someone hasn’t put up the proper notifications, and you scald your hand on something really hot. If you have been injured on the job or become ill as a result of the work you do, you may be able to receive workers’ compensation.

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Workers’ compensation insurance exists to protect you. It is designed to compensate you for the loss of wages you experience as a result of being hurt at work. Workers’ compensation insurance is required by state law. Employees who receive workers’ comp receive their payments for lost work and medical bills, and in exchange, employees forfeit their right to sue their employers. If you have been injured at work, an experienced legal team like Bill Green Law can help you get the compensation you deserve!

The 1-2-3 for Workers’ Comp Eligibility Determination

While many personal injury cases are about “who is at fault for this accident,” workers’ comp simply exists. To receive workers’ compensation, you do not have to prove that your work made a mistake. BUT, you do need to determine if you are eligible.

If you are trying to understand if you’re eligible for workers’ compensation, here are the 1-2-3 questions you need to keep in mind!

1: Am I Actually Covered by Workers’ Compensation?

Here’s the big catch – not all employers are required to have workers’ compensation insurance. While the rules vary by state, it’s a standard that an employer’s requirement to carry insurance depends on what kind of business it is, how many employees they have and what kind of work these employees do.

In the state of South Carolina, an employer is required to have workers’ compensation if the business has four or more full or part-time employees. Agricultural employees, railroad companies and those making under $3,000 annually are all exempt from workers’ compensation. Keep in mind that the federal government also has its system for workers’ compensation. If you are unsure if your company carries insurance, Bill Green can help you sort through the eligibility requirements to get you rewarded!

2: Am I an Employee?

This may sound obvious, but to receive workers’ compensation, you must be an actual employee of the company. Independent contractors, freelance contractors and consultants are not categorized as employees. For example, freelance writers or graphic designers are not covered. Also, volunteers are not counted as employees of a company. If you have been injured in a job, have been denied coverage and believe you have been misclassified, your best bet is to have a no-risk consultation with Green Law Firm! We can review your case and determine if you have been wrongfully classified.

3: Is My Injury Really Work-Related?

Let’s make this simple. If you are doing something for work or become ill as a result of something you did at work, then your injury is considered work-related. Sometimes this is a very clear cut situation such as if you got carpal tunnel while typing, threw out your back while lifting boxes or were injured on a jobsite by falling debris. Sometimes, however, this can be a really “gray” area. An example would be if you were injured during a work break but while doing a task for colleagues. In cases like these, your first step is to connect with an experienced legal team who knows the ins and outs of workers’ compensation laws!

Special Exemptions for Workers’ Compensation Insurance

As a reminder, there are select groups of workers who may not qualify for workers’ compensation insurance. This includes

  • Domestic workers, such as housekeepers, cleaning ladies and nannies,
  • Farm and agricultural workers,
  • Loaned or leased workers, like those working for temp agencies,
  • Seasonal employees and
  • Undocumented workers

Workers’ compensation insurance is a vital part of your injury and recovery process. It can pay your medical bills and keep your family financially afloat while you are out of work. If you have been injured, or if someone you love has lost their life while on the job, let Bill Green and Green Law Firm assist with your case! We have years of hands-on experience fighting for injured workers, helping you get the money you deserve! We’ll review your case and take it on at no-risk to you. Remember, we are compensated only based on the amount you are awarded. Call us at 888-800-2455 any time or day of the week to begin.

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