Am I Eligible for Workers' Compensation?

Am I Eligible for Workers' Compensation?

Whether you work in an office or at a factory, most employers are required to provide workers’ compensation benefits for their employees. This means that you will be protected in the event of a work-related injury, such as a broken arm or even carpal tunnel.

In Texas, there are four types of workers’ comp benefits: income benefits, medical benefits, burial benefits, and death benefits. These cover all the necessary expenses a disabled worker may face when forced to take time away from the job. In cases of death due to a workplace accident or illness, benefits will be provided to the individual’s beneficiary, such as a spouse or child. But how does a worker know if they can even obtain these benefits?

How is eligibility determined?

The most obvious requirement for eligibility is that you must have been injured while on the job or performing some type of job-related duty. This typically does not include your route to work in the morning or on the way home, or any time when you are officially off the clock. For example, if you voluntarily when to a company party and were injured in car accident on the way home, this would likely not be covered.

Overall, the following must be present for you to be eligible:

  • You employer actually has workers’ comp insurance coverage
  • You are considered an actual employee, not an independent contractor
  • Your injury or illness occurred while performing work-related duties
  • The severity of your injury prevents you from performing work duties

Furthermore, you must report your injury to your employer within a 30-day timeframe to be eligible. If you are unaware of your injury until later, you may be extended 30 days from the date you become aware. If you fail to report it in the appropriate window, you could lose your eligibility and be denied the benefits you sorely need.

Have you been injured on the job? Are you wondering whether or not you could receive workers’ compensation benefits? The Zendeh Del Law Firm is here to help! Now is the time to call on the North Texas lawyers at our firm for insight.