Each state treats Workers’ Comp law slightly differently, but there are commonalities across state lines. Here are eight points about workers’ comp claims that may be unfamiliar to you.
1. A Company Only Needs to Have One Employee to Have Workers’ Comp Insurance
Some people think that workers compensation insurance is something only large companies need to buy. However, even companies with a single employee are usually required to pay for workers compensation insurance. Particularly in industries like construction or roofing, this insurance is essential for the company to file taxes and get licensed.
2. Independent Contractors Do Not Qualify for Workers Comp
The classification of employees and contractors is very important in workers compensation law, and it can cause some less scrupulous employers to classify people who work for them as contractors rather than employees. However, if the IRS finds that an independent contractor should really be classified as an employee — that he or she has been covered under a 1099 but in actuality should qualify for a W-2 form — then the employer could face added taxes or criminal liability for mis-identifying their employee as an independent contractor. Just because an employee is covered under a 1099 form does not mean that said employee should not qualify for workers compensation coverage.
3. If the Accident Happened on a Break, You May Not Be Not Covered
This is an unusual aspect of workers’ compensation law. If you are on break and sustain an injury at work — even if you are on company property — you may not be covered. Ohio law regarding these types of injuries is constantly evolving. To find out if your accident should be covered, call an experienced workers compensation attorney (such as those of us here at CTBC) today.
4. If You Are on a Business Trip, You May Be Covered
If you are traveling for your job, certain aspects of your trip may be covered under workers’ compensation insurance. Your plane travel to and from your travel destination, your time at the hotel, your time driving while on your business trip, all have different rules associated with whether or not your injury in those locations constitutes a valid workers’ comp claim. Workers compensation may even cover you if you are running an errand for your employer during your work day as well.
5. Company Sponsored Events Count
Let’s say your company hosts an annual holiday party. Or let’s say your team has a bowling party to celebrate your salespeople making their quarterly quotas. Injuries which occur while you or other employees are at those events may be eligible for a workers compensation coverage, depending on the circumstances.
6. Texas Does Not Require Companies to Have Workers Comp Insurance
It is a bit of an anomaly, but the Lone Star State has no requirements for employers to have workers compensation insurance. That is not to say that companies headquartered in Texas do not carry such insurance — the majority certainly do — but such coverage is not enforced under state law. This is different from the other 49 states in the United States.
7. Return-to-Work Programs Help Lower Workers’ Comp Premiums
Some companies have implemented programs called “return-to-work,” which can reduce the number of days injured employees lose from job-related illnesses or injuries. Such programs make for more productive work environments, and reduce the amount of workers comp payments an average case would call for. Health and wellness programs also reduce workers’ comp premiums, as they reduce the number of claims filed — as well as the severity of those claims.
8. Even If the Injury Was Partly Your Fault, You May Still Be Eligible for a Claim
If an injury happened while on the job, in the course of and arising out of the scope of your employment, this injury can qualify for workers comp coverage. Even if the injury was due in part to your carelessness or a mistake in carrying out your job duties, such an occurrence can qualify for workers comp liability coverage. The only times in which the employee’s actions immediately disqualify him or her from workers comp coverage are if alcohol or drugs were involved in causing the accident.