Being injured can affect not just your work but also your emotional and psychological stability. For those who have suffered traumatic injuries, their coping mechanisms would not be enough and they need therapy. Without the compensation due to them, the injured worker would suffer both pain in their body and their pockets. Also, some injuries require expensive medications or treatments that could last for more than a month. Physical injuries can cause disabilities that will reduce the hours that you can work resulting to lesser income. However, not all accidents in the workplace are covered by worker’s compensation law. For you to know whether your case is covered or not, check important details from this infographic.
1. Are you an employee or simply a contractor? By employee, it means that your contract and the person who hire you is directly connected with the organization you are working for. However, there are cases when the employee is only a contractor or employed through outsourcing. There would be another agency that will be responsible for your welfare. What makes a difference between a direct employee and a contractor or subcontractor is the level of control the employer has on the job, duties and responsibilities you have. The higher the level of control is the stronger is the employment relationship.
2. Upon establishing the employee-employer relationship, you can now work on the injury law that says injury accident arising out of and in the course of employment will entitle you the worker’s claim. This could be used for your medication and subsidy for your daily needs.
3. However, you can’t easily get the claim. You must prove that you were indeed in an accident. Hence, you need to document the accident, record the testimonials of witnesses and keep a record of your medical check-ups. All of these must show that you have suffered an actual and physical injury. The injury must be related to your work. There are cases when the claim is not granted because the employee got the injury due to other things he has done which are not related to his job. This could reduce your claim drastically.
4. Injuries were caused by an accident when you are at work. The time, place, and circumstances are essential in ensuring that the injury was not caused by your negligence of duty such as sleeping while on duty. Also, it could affect your claim when the accident happened outside the premise of the workplace facility such as when you are going out for lunch.
5. There are issues by which the injured worker must establish. These three phrases must be defined properly: (1) injury by accident, (2) arising out of employment and (3) in the course of employment. “Injury by accident” means that the injury was not self inflicted or was not intentional. “Arising out of employment” refers to the relationship between your work and the injury you get. Lastly, the phrase “in the course of employment” refers to the time, place and situations under which the injury happened.
source: https://www.ramoslawfirm.com/does-workers-comp-cover-employees-and-contractors-infographic/
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