Who is eligible for workers’ Compensation?

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People who have an accident at work or suffer an injury while they are at their workplace have the right to receive compensation. But they must meet specific eligibility requirements. If you do not know these requirements, here are some cases so that you understand who is eligible for workers’ compensation and who is fully entitled to claim it.

If you are a contractor, you are paid in cash or by check. An undocumented worker, who was hired through a personal company or a leasing agency, is eligible for workers’ comp. Even if you suffered some damage and your employer is not directly responsible but is linked to the fact and the circumstances in which the accident occurred.

Those people who work in docks, piers, bridges, shipyards and defense bases, can avail themselves of two particular laws that support them: "the law of compensation of maritime and port workers (LHWCA) or the law of defense (DBA).

You should also know that it does not matter if you are a part-time or full-time worker. In fact, if you only worked for 30 minutes at your workplace and had an accident, you are eligible for workers' compensation.

If you have any questions and still do not know if you have all the conditions, call us.

Who is not entitled to receive worker’s comp?

Some companies with three workers or less are not required to pay workers' compensation insurance. And on other occasions, it can happen that if the worker does not appeal at the time in which he suffered the accident or the injury caused in his workplace, he loses the possibility of winning his case and claiming compensation.

You should also know that compensation for a worker covers 90 percent of injuries that occur in the workplace, but you will not be eligible if:

  • Worked under the influence of alcohol and drugs
  • Committed some crime
  • Violated company politics and regulations
  • The injury is self-inflicted – An excellent example of this is when someone starts a fight at work

Seek Legal Advice from Our Workers Compensation Lawyers

Every day, workers of all labor sectors suffer from accidents or injuries in their jobs. We can make sure they get the compensation they deserve. Each case is unique, so do not delay in asking for legal help, the time in your favor can be a primary factor in winning the case. No injuries are of more or less importance. All workers deserve attention, from the fall of a builder to a secretary who suffers from burnout or presents a cumulative trauma, such as carpal tunnel syndrome.

Gallardo law Firm is committed to demanding the maximum benefits from the workers' compensation insurance. You can receive income replacement, if you lost your job, and the necessary help for physical therapy, hospitalization, medical tests, etc.

If you are still wondering, who is eligible to receive workers' compensation, call us today and leave it in our hands. For you, the most important thing must be to focus on recovery. We will handle all the aspects of your compensation.

Allow our firm to help you get your benefits

Contact us right away to find out about your worker’s comp eligibility. Call (305) 261-7000 or e-mail us to schedule your initial consultation with an experienced attorney. Hablamos Español

No. Whenever your injury is related to your job, it will be covered. For example, you will be covered if you suffer an injury while on a business trip, doing work-related commissions, or even if you are attending a social gathering required for your work.
In some states, you have the right to see your doctor if you request in writing before the injury. However, injured workers are referred to a doctor hired and paid by their employers. Yet your doctor's report will have a significant impact on the benefits you will receive. Keep in mind that the doctor paid by your employer's insurance company is not your friend. The desire to have future business with your employer or the insurance company can motivate the doctor to minimize the severity of your injury or identify the injury as a pre-existing condition.
The compensation will be unique in each case, but often covers medical expenses, payments for lost wages, physical rehabilitation, and compensation for wrongful death.
All workers receive the same benefits as long as they are working. You can receive worker's compensation benefits even if you are undocumented and you are paid in cash.