If you become sick or are hurt while on the job, you may be eligible for worker’s compensation, which is a state-mandated insurance program that pays employees who are hurt at work. These employees are paid for lost wages and medical expenses, regardless of fault. In exchange, the employee forfeits his or her right to sue their employer. In this article, we will discuss the three main eligibility requirements for worker’s compensation.
Employers Must Have Worker’s Comp Coverage
Some employers are exempt from the . Worker’s compensation law in Rapid City SD. Laws vary by state, but usually depend on the number of employees, the type of business, and the nature of the work involved. Generally speaking, however, most employers must have the insurance; if your employer claims an exemption, you should consult a worker’s compensation attorney.
Employers can offer coverage by buying a policy from a private vendor, through a state fund, or by providing proof of financial responsibility. Many employers buy the coverage even if it’s not required, which allows them to ensure that injured employees are fairly compensated (while protecting the employer from lawsuits).
You Must Work for the Company
Where worker’s compensation eligibility is concerned, not all workers are considered to be “employees”. For example, independent contractors such as computer consultants or freelance artists aren’t eligible. Some less-ethical employers try to circumvent the worker’s comp law by classing employees as independent contractors; if you’ve been denied benefits for this reason, you should call a worker’s compensation lawyer in your area.
The Illness/Injury Must be Work-Related
If you are hurt or get sick while at work, you are likely to be covered by worker’s compensation plans. For instance, if you strain your back while loading a truck, contract carpal tunnel syndrome at your office job, or get sick because of exposure to toxic chemicals on the jobsite, your injuries are work-related.
Special Cases
Even if all three of the above requirements are met, you may not be able to get benefits if you fall into an exemption group as set forth in . Worker’s compensation law in Rapid City, SD. If your employer claims that you are a member of one of these groups, you should consult a lawyer for confirmation.
