Hi! My name is Sam, and I started this blog to help other injured people. Before you start reading, let me tell you a little about myself. Ten years ago, I slipped on a slice of fruit in a grocery store. My leg slid out from under me, and in a freak twist, it was rendered useless. I could no longer work and struggled with intense pain every day. Luckily, I found an accident and injury attorney who was able to get me the compensation I needed to cover my medical bills and my lost time at work. However, while I waited for the settlement to come through, I had to get creative physically and financially. This blog is dedicated to anyone who is in that limbo position. I hope the posts here help you decide what to do while you wait for the results of your trial.
Workers' compensation caters to employees who are injured on the job. However, there are some employees who may not benefit from workers' compensation, even if they are injured while carrying out their normal work functions. For example, you may not benefit from workers' compensation if:
Your Employer Isn't Required to Have the Insurance
Not all employers are required to buy workers' compensation insurance. Your state's laws determine the criteria for determining who should purchase the insurance. For example, in New York State, a partnership without employees (even borrowed ones) is not required to buy workers' compensation insurance. Therefore, if you are part of such a partnership, you aren't entitled to workers' compensation benefits even if you get injured on the job.
Your Employer's Insurance Has Lapsed
There are some employers who, for one reason or another, may let their workers' compensation insurance lapse. If you are working for such an employer, and you are injured on the job, then you may not be entitled to the workers' compensation benefits. In such a case, you can sue your employer directly or report him or her to your state's special funds for handling such cases. Not that the latter option is only available in some states.
You Are a Federal Employee
If you work for the federal government, then your workplace injuries are covered by the Federal Employee's Compensation Act (FECA). It doesn't matter where you are working; as long as the federal government writes your paycheck, you are covered by (FECA). It also caters to occupational diseases, which are caused by work or work-related conditions.
You Are Either A Longshore or Harbor Worker
Longshore workers are responsible for securing, loading, and offloading ships. Harbor workers are involved in all kinds of jobs (such as ship builders) at the harbor. Such employees are covered by the Longshore and Harbor Worker's Compensation Act (LHWCA). However, if you are covered by your state's workers' compensation act, then you don't have a claim to LHWCA, even if you work at the harbor. This may be the case if you are an office employee at the harbor, or you are engaged in repairing small vessels (owned by individuals) at the harbor.
If you are injured, and you don't know whether you are entitled to workers' compensation benefits, then consult a lawyer, like John J Bublewicz Attorney At Law, as soon as possible. He or she will review your case and advise you on where to seek redress. Move quickly to eliminate the possibility of the statute of limitations of your injury elapsing before you submit your claim.
Share29 September 2015
