If you want to win your workers’ comp case, you need to make certain that you meet the three necessities that any valid claim must have. A workers’ comp case isn’t always that difficult, but if you’re lacking in one of these three factors, it can be impossible to win. Here are the three necessities of any workers’ comp claim.
1) You Must Be Covered
While many employers are required by the state or federal government to carry workers’ comp insurance, there are a few that actually don’t have to. Because guidelines vary from state to state, some employers may be exempt from workers’ comp due to how small they are. For example, if you are the sole employee of a business, that business may not have to provide workers’ comp coverage. Some other states may have exemptions for construction and agricultural companies. Others don’t require charities to cover workers’ comp.
In New York, any company with even one employee, volunteer, or subcontractor must carry workers’ comp. If you’ve been injured while employed by a company, it’s very likely that you will be covered. However, it’s always best to consult a legal expert.
However, you also must be a legal employee of the company. This means if you worked as a contractor, consultant, or freelancer, you likely are not eligible for workers’ comp. Volunteers are also usually not eligible.
2) Your Injury/Illness Must Be Related to Your Work
The next necessity is that your injury must have occurred while you were doing something related to work. This doesn’t necessarily mean you had to be in your office or on the job site. If you’re traveling for work, injuries sustained during travel may fall under workers’ comp, as can injuries that occur while you’re on your lunch break. There are a number of rules that help determine when an injury is work-related and when it isn’t.
3) You Must File the Correct Paperwork on Time
Finally, you must be certain you file the correct paperwork on time. If you don’t, even if your case is clearly qualifies you for workers’ comp, you may not be eligible. It’s important you meet every deadline.
Let Us Help
Need help completing your workers’ comp paperwork? Contact Maximum Orthopedics today to talk to one of our workers’ comp experts.
Posted on: Oct 30 2019
There are two different types of leave available to those who need it: workers’ comp and FMLA (the Family and Medical Leave Act). It’s important, however, not to confuse the two. They are not the same, and you are likely going to be eligible for one or the other but not both. If you’re in need of leave, you need to know how these two options differ so you can make the best choice. Here are some of the most fundamental and important differences between worker’s comp and FMLA.
Workers’ Comp Is Only for Your Injuries
If you’re injured on the job, workers’ comp is your go-to option. Work-related injuries are why it was created. However, it’s only available for injuries you have sustained. If you need to take time off work due to the injury or illness of a child, spouse, parent, or other person, workers’ comp is not an option.
However, FMLA is. This leave provides those who meet the eligibility requirements with up to 12 weeks of leave per 12 months (not a calendar year—12 months from the date you receive FMLA). FMLA leave is unpaid, but it does protect your job. Employers are not allowed to retaliate against anyone who is eligible for FMLA.
With FMLA, you can take either 12 weeks at once or ask for intermittent FMLA that you can take as needed, working some days and taking off others. However, your employer can require that you use up all of your paid sick and leave time before taking FMLA.
With workers’ comp, you receive up to six months of paid time off. You are not required to use up any of your personal leave before taking workers’ comp time. However, it’s important to note that each state can implement its own version of workers’ comp, which means your actual compensation or time off can vary. With FMLA, that is not the case—it is a federal law that must be implemented the same way across the country.
Your Employer May Not Offer FMLA
It’s also important to note that only companies with 50 or more employees have to offer FMLA. Small businesses are not required to provide this type of leave. Workers’ comp, on the other hand, is required of every company with employees.
Need Help Filing for Workers’ Comp?
If you need to file for workers’ comp or aren’t sure if it’s the right option, you need a proven workers’ comp doctor on your side. The experts at Maximum Orthopedics have assisted many employees with filing for the compensation they’re due. Contact us today to discuss your specifics.
Posted on: Oct 15 2019