Types of Workers

Types of Workers

Eligibility for Workers’ Compensation: Understanding Your Rights

Who can file for workers’ compensation? For most employees, your right to benefits is not determined by your job or occupation. An InjuryRadar.com attorney can determine your eligibility and help you file a claim for benefits. If you have been injured on the job, how can you find out if you are eligible for workers compensation? Most types of workers can file a claim for benefits. In most cases, your job or occupation is not a factor in determining your eligibility, and an InjuryRadar.com attorney can help you regardless of what you do for work and what you were doing when you got injured.

Injured at Work? You Should Talk to an InjuryRadar.com Attorney Today
In order to determine if you are eligible to receive benefits as an employee, there are two main questions you need to answer. The first is: “Was I injured at work?” If the answer to this question is yes, then you need to find out, “Does my employer provide coverage for workers compensation?”

If you were injured at work and your employer provides coverage, then you are entitled to seek benefits for your injury (with some very limited exceptions). However, you will need to be careful to protect your claim, and you should get help from an InjuryRadar.com attorney to make sure you collect the benefits you deserve.

Who Can File for Workers Compensation?
All Types of Workers are Eligible for Workers Compensation
You were injured at work, and now you need to figure out how to pay your medical bills and cover your other expenses while you are unable to do your job. You’ve heard about workers compensation, but you aren’t sure if you are covered.

If you are an employee (as opposed to an independent contractor), you probably are. Most workers are employees, and most employees are eligible to file for workers’ compensation. Some examples of worker who will typically be eligible for workers compensation include:

Animal production workers

Automotive mechanics and engineers

Construction workers and trade professionals
Domestic workers
Electrical, plumbing, and HVAC workers
Healthcare providers (including nurses)
Hospitality and retail workers
Loggers
Manufacturing workers
Miners
Office workers and licensed professionals
Roofers
Small business employees
Teachers
Truck, bus, and van drivers
Utility workers
Volunteer firefighters
Warehouse and industrial employees


Once again, the list is not exhaustive. Many other types of employees are eligible for workers compensation as well. This is simply a list of some of the most common occupations in which workers will typically be eligible for workers compensation benefits.

Employee vs. Independent Contractor: What You Need to Know
Some workers are ineligible for workers compensation not because of their job or occupation, but because they are not paid as an “employee.” The U.S. legal system recognizes two types of workers: employees and independent contractors. As a general rule, employees are eligible for workers compensation (as long as their employer is covered), while independent contractors are not.

In most cases, the distinction between an employee and an independent contractor is based on the nature of the relationship between the worker and the employer. The less control the employer exerts, the more likely it is that a worker will be classified as an independent contractor. However, some states have enacted laws stating that certain types of workers do not qualify as employees as a matter of law. Some examples include:

Agricultural, farm, and ranch workers
Commissioned real estate agents
Contractors and other self-employed individuals
Corporate officers and directors
Independent salespeople


These types of statutory exclusions vary from state to state. So, if you work in agriculture, real estate, or any of the other occupations listed above, you should speak an InjuryRadar.com attorney to find out if you are eligible to claim workers’ compensation benefits.

Do You Also Have a Personal Injury Claim for Your Work Injury?
When you get hurt on the job, filing a workers’ compensation claim is not necessarily your only option. Depending on what happened, you may be able to recover additional compensation through a personal injury claim.

Filing a personal injury claim for a work accident is similar to seeking compensation after a vehicle collision. These claims usually involve insurance companies, and they usually settle without going to trial. Many InjuryRadar.com attorneys are experienced in handling workers’ compensation and personal injury matters, and an experienced lawyer will be able to help you seek maximum compensation for your injury-related losses.

What if You Aren’t Eligible for Workers’ Compensation?
What if you aren’t eligible for workers compensation? If you don’t have a claim for benefits, you still have options available. In fact, you may be entitled to more money than you would have received had you been able to file for workers compensation.

The workers compensation system creates a tradeoff: Eligible employees can collect “no-fault” benefits, but these benefits are limited by law. Employers must pay these limited benefits regardless of fault; and, in exchange, they are “immune” from personal injury claims.

If you are not eligible for workers compensation, you may be able to file a personal injury claim against your employer. Depending on what happened, you could have a personal injury claim against another company as well. While this requires proof of fault, InjuryRadar.com attorneys in your state will be able to help you seek full financial compensation for your injury-related losses. This includes compensation for your medical bills, lost future earning capacity, emotional distress, and pain and suffering.

FAQs: 
Q: How can an InjuryRadar.com attorney help you after an accident at work?
If you’ve been injured in an accident at work, there are several steps you need to take, and there are just as many mistakes you need to avoid. Recovering workers’ compensation benefits isn’t easy, and while many workers choose to handle their claims themselves, this is not something you should try to handle on your own.

Why? First of all, it takes legal knowledge to calculate the benefits you are entitled to receive (and how long you are entitled to receive them). If you don’t hire an attorney, you won’t know whether you are receiving the full benefits you deserve. Additionally, if you overlook steps or make other mistakes along the way, you could end up without any compensation for your on-the-job injury.

Q: How are InjuryRadar.com attorneys different from other types of attorneys?
InjuryRadar.com attorneys are different from other types of attorneys in that they focus on representing employees and independent contractors who have suffered serious injuries in job-related accidents. These types of cases are unique, and it is important to choose an attorney who has specific experience handling cases similar to yours.

When you request a free claim assessment through InjuryRadar.com, you will be put in touch with an attorney in your state. Your attorney will determine which type(s) of claim(s) you can file, and he or she will be able to help you collect the compensation you deserve.

Q: How do InjuryRadar.com attorneys get paid?
InjuryRadar.com attorneys handle cases on a contingency-fee basis. This means that they get paid by collecting a portion of their clients’ settlements and verdicts. Contingency fees for workers’ compensation claims are capped in many states; and, in any case, hiring an experienced attorney is still the best way to maximize your compensation.

When you talk to an attorney, you should feel free to ask about his or her contingency fees. But, most attorneys in the same locations charge the same rates. When you receive a settlement offer, your attorney will discuss the offer with you so that you can decide whether your “take home” amount is enough.

Q: Should I hire an attorney before I file for workers’ compensation?
Yes, if you have been injured on the job, you should hire an attorney before you do anything else. There are simply too many challenges for you to try to handle your claim on your own. Your attorney can advise you every step of the way, and he or she can deal with your employer (or its workers’ compensation insurance company) on your behalf.

Your attorney can also determine if you have a claim outside of workers’ compensation. If you do, your attorney will need to begin working on this claim right away as well. In short, there are several reasons why you should hire an attorney promptly, and you have no reason not to get a free claim assessment.

Q: How do I find an InjuryRadar.com attorney near me?
You can find an InjuryRadar.com attorney 24/7 by requesting a free claim assessment through InjuryRadar.com. Simply click the button below, submit the basic information requested, and then wait to receive a call or text from an attorney near you.