Does My Injury Qualify Me for Workers Compensation?

forklift in warehouse

To qualify for workers’ compensation benefits coverage, you must meet a few criteria.

3 Criteria For A Workers Compensation Claim

#1. You need to have been injured at work, or sustained an injury or ailment that directly resulted from job-related duties or conditions

If you are telecommuting from home, and you are injured during a work shift, you should qualify. If you slip and fall at a work-related event, you qualify for coverage. If your company sends you out on an errand, and you are in an automobile collision, you can make a claim. If you attend a meeting on behalf of your company, and sustain an injury on your way back to the office, you qualify for workers’ compensation as well.

#2. Your place of work must be a company that has workers’ comp insurance – or a company that was supposed to have workers’ comp insurance.

If your company was supposed to have workers’ comp insurance but they neglected to pay for that insurance, you still will qualify. Such cases are worth taking up with the state’s Bureau of Workers Compensation, which will step in and pay benefits and then collect from the employer.

#3. You need to be an employee of the company.

Not only does your employer need to have workers’ comp insurance, but you need to be an employee. You should qualify immediately – unlike other types of benefits, such as medical insurance that kicks in after a certain number of months, you should be eligible for workers’ comp insurance on your first day of employment. You may be a seasonal employee, and that is fine.

If you are a consultant, a freelance worker, or an independent contractor supplying services, you are not eligible for workers’ comp. If you are a “temp,” or temporary employee, your coverage depends on whether you are considered an independent contractor or an employee.  Even volunteers are sometimes eligible for benefits.

Have additional questions about workers compensation in the Cincinnati area? Our law firm is located downtown – contact us today.