Understanding your right to claim workers' compensation

If you have recently become injured while at work, it may be the case that you need to seek medical attention or stay at home to recover. This will undoubtedly lead to financial damages because you will need to pay medical bills and you'll likely lose wages.

This is why it is important that you look into your right to claim workers' compensation and that you take action in the specified time frame. The following post will provide an overview of workers' compensation benefits and in what circumstances they apply.

Are all workers automatically covered by workers' compensation insurance?

In the majority of cases, employers have the legal obligation to provide workers' compensation insurance coverage to all employees. This means that most workers will be entitled to workers' compensation regardless of whether they are American citizens or undocumented immigrants. Those who are self-employed will usually need to take out their own insurance.

Can I still claim workers' compensation if an accident was my fault?

You will be eligible to make a workers' compensation claim if damages occurred after you were injured in a work-related accident. This is true regardless of fault. However, if you were engaging in an activity that is considered to be "horseplay," something that was clearly not work-related, you may have your claim denied.

What types of injuries are covered under workers' compensation?

Almost all types of injuries can be potentially covered under workers' compensation. This means that you can claim workers' compensation for a physical injury such as a broken leg or a mental injury like PTSD.

However, to gain compensation, you will need to show that an injury or illness was acquired at work. This is arguably easier to do when a single incident led to an injury such as a broken leg. However, proving causation could be more challenging if you are, for example, trying to claim compensation for a bad back that worsened over time or for chronic anxiety caused by a stressful working environment.

If you are unsure of whether you will be able to successfully make a workers' compensation claim, you need to timely investigate. There are time limits associated with workers' compensation claims, so you should not hesitate to take further action.

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