Am I Eligible for Workers’ Comp Benefits?

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Robert Golan

If you’ve suffered a work-related injury or illness, you may be wondering whether you’re eligible for workers’ compensation benefits and what kinds of benefits are available.

Work Injury Lawyer Long Island

Requirements for Workers’ Compensation Benefits

1. You work for a person or company who carries workers’ comp insurance or is legally required to.

The vast majority of employers must provide workers’ compensation benefits. In some states, however, certain businesses are exempt from providing coverage. The state of New York requires that all for-profit and nonprofit businesses with one or more employees must provide workers’ compensation.

2. You are an employee of that person or company.

Businesses must provide all employees with workers’ comp benefits. However, independent contractors, freelancers, and consultants are not eligible for workers’ comp. Employers sometimes misclassify employees as independent contractors to avoid paying benefits. If you have been denied benefits because your employer claims that you are an independent contractor, consult a workers’ compensation lawyer right away.

3. You receive a work-related injury or illness.

Usually, an injury is considered work-related if it occurs while you are doing something for the benefit of your employer, even if you are not physically in the workplace when the injury occurs. This issue can become complicated, such as when the injury occurs during your lunch break or your commute to work.

Benefits Included in Workers’ Comp

If you do qualify for workers’ comp, your employer must cover necessary medical expenses. Except in emergencies, your health care provider must be authorized by the Workers’ Compensation Board. Workers who are disabled and unable to work for more than seven days are eligible for cash benefits. The amount of cash benefits is determined through the following equation: weekly cash benefits = 2/3 x average weekly wage x percentage of disability. If you are disabled for more than twelve months, you may be entitled to monthly Social Security benefits.

Do You Need a Suffolk County Workers’ Compensation Disability Attorney?

If you or a loved one has been injured at work, attorney Robert Golan can help you get the settlement you deserve. Contact us online to schedule a free consultation with a Long Island workers’ compensation disability attorney or call us at (516) 586-3910.

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