Oct 10, 2013

Posted by Shanell Calloway in Uncategorized | Comments Off on Do I Qualify for Workman’s Comp?

Do I Qualify for Workman’s Comp?

If you’ve been injured on the job, chances are you will have to file a workman’s compensation claim. Workman’s compensation insurance covers employee injuries that occur on the job and in the scope of your employment. Unlike your typical personal injury case, there is no determination of fault on a party and the injured’s negligence is not taken into account when determining whether to issue payment. The main determination in a workman’s comp case is whether the injury occurred in the scope of your employment. For example if you were injured in a fight with another co-worker, you were not acting in the scope of your employment. However, if you were on a construction site and you fall off of a crane while working, you were likely acting within the scope of your employment. There are times when there a gray area between being inside or outside the scope of your employment and a skilled lawyer may be able to help you determine whether you are eligible for compensation.

In addition to the requirement that the injury occur in the scope of employment, the injured party must be an employee. Therefore, independent contractors may be barred from recovery. However, depending on the nature of the relationship between the independent contract and the employee the contractor may be viewed as an employee and allowed to recover. Moreover, if the employer has significant control over the independent contractor’s daily activities, the employer may be held liable for any injuries sustained by the independent contractor.

Finally, if you have been injured on the job, inform your employer immediately. In New York you must notify your employer withing 30 days in writings of your injuries. If you fail to do so, your claim may be denied.

Workman’s Compensation cases can be very complex and could involve multiple hearings and court dates, if your case has been challenged by your employer. A skilled lawyer in Workman’s Comp in Melville, NY may be able to help you determine whether you are eligible for compensation, as well as help you reach a fair settlement with the insurance company.

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