There are three basic eligibility requirements in order to receive workers’ compensation benefits.
Your employer is covered by workers’ compensation insurance: The vast majority of employers are required by law to have workers’ compensation coverage, but there are some exceptions. These exceptions vary by state and usually take into account the number of employees working for the employer, the type of business, and the type of work the employees are doing.
You are considered an employee: Not all workers are considered equal under workers’ compensation laws. Independent contractors are not considered employees, and will not qualify for workers’ compensation benefits. Common examples of workers who are considered independent contractors are freelancers, consultants, and some IT professionals.
Your injury is work-related: In most cases, this is straightforward. But not always. Say you’re injured on your lunch break, but while fetching a sandwich for your boss. Certain cases require professional analysis.
Usually not, but if you are receiving supplementary income - such as Social Security benefits - in addition to your workers’ compensation benefits, you may have to pay taxes.
In this situation, your Social Security benefits would be reduced and your workers’ compensation benefits would make up the difference. That difference is then treated as Social Security, which means it would be taxable.
Yes, in most cases, though there may be some changes.
First things first. Be certain to notify your attorney, employer, and insurer when you return to work. Failure to notify may result in serious issues with your right to benefits.
Your new wages may affect the benefits that you receive. If you earn equal or more than before your injury, it is likely that your benefits will cease. However, if you continue to occasionally miss days at work or your earning power remains reduced due to your injury, you may continue to receive benefits. This will vary by state. In addition, most states provide wage-loss benefits, which are based on a percentage that is calculated using your pre- and post-injury earnings.
Remember that in most cases you can still file for workers’ compensation benefits after you’ve returned to work. Be sure to keep careful records of your pay stubs and time lost at work.
It depends. In some states, you may go to a doctor of your choosing for your initial visit. In others, you must see a doctor from your employer’s approved list (except in cases of emergency). If you want to request a change of physician, it again depends on your state.
In some cases, the workers’ compensation insurance agency may require that you undergo an Independent Medical Exam (IME) conducted by a doctor of its choice. This is a red flag for you to contact a Morgan & Morgan attorney immediately.
Contrary to their name, IMEs are rarely truly objective. Insurance companies often require an IME when there’s a dispute about your treatment, and when they don’t like the diagnosis determined by your regular doctor. Doctors on companies’ approved lists for IMEs have often proved to give diagnoses favorable to the insurance company. In some states, you may be able to challenge the IME report and see a physician of your choosing. Our workers’ compensation attorneys will fight for you to get a fair diagnosis.
There are three basic eligibility requirements in order to receive workers’ compensation benefits.
Your employer is covered by workers’ compensation insurance: The vast majority of employers are required by law to have workers’ compensation coverage, but there are some exceptions. These exceptions vary by state and usually take into account the number of employees working for the employer, the type of business, and the type of work the employees are doing.
You are considered an employee: Not all workers are considered equal under workers’ compensation laws. Independent contractors are not considered employees, and will not qualify for workers’ compensation benefits. Common examples of workers who are considered independent contractors are freelancers, consultants, and some IT professionals.
Your injury is work-related: In most cases, this is straightforward. But not always. Say you’re injured on your lunch break, but while fetching a sandwich for your boss. Certain cases require professional analysis.
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