Three Necessities of a Workers’ Comp Claim

  • Posted on: Oct 30 2019
  • By:

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 in: Auto Accidents, Blog, Orthopedics, Work Injuries, Workers Compensation Benefits

3 Convenient Locations



Recent Posts

When Should You Stop Taking Over-the-Counter Medication?

Most people turn to over-the-counter pain relievers and other medication at the first sign of pain. In many cases, ibuprofen, acetaminophen, or naproxen is enough to deal with minor aches, pains, and inflammation. However, these over-the-counter medications are far from a cure-all, and they are not meant to manage pain long-term or even more than ... read more
  • Posted on Nov 25, 2020
  • By:

How Does Workers’ Comp for Carpal Tunnel Work?

If you have developed a pain in your wrist and hand that continues for more than several days, it could be carpal tunnel syndrome. This condition occurs by overworking the wrists, and those who work on the computer or who have jobs that require them to make repetitive hand movements often develop it. Early on, ... read more
  • Posted on Nov 15, 2020
  • By:

Common Ways of Treating Neck Pain

Feeling pain in your neck? It’s not uncommon, but fortunately, many cases of neck pain are only temporary and will go away on their own as long as you don’t do anything to prolong the issue. Neck pain is often causes by inflammation, injury, overuse, or even poor posture. If your neck is hurting, here ... read more
  • Posted on Oct 23, 2020
  • By:

Get in touch