Workers compensation cases are one of the most unique types of civil and personal injury cases. In most civil cases, you must be able to prove that someone harmed you through their actions or neglect in order to file a claim. But this is not the case with workers' compensation cases. This may leave you wondering what criteria must be met in order for you to file one of these types of claims. Here are three different criteria that must be met in order for you to file a worker's compensation claim.
You Have to Be an Employee
The first criteria that must be met in order to file a workers' compensation case is that you must be an employee. If you are an independent contractor, are just helping a friend out at their business or are an apprentice, you are not eligible to file a workers' compensation claim. This does not mean that you are not able to file a different type of personal injury claim, such as a slip and fall case, if that criteria is met. You simply are not able to file a workers' compensation claim if you are not an employee.
You Must Sustain an Injury That Requires Medical Attention
The next criteria that you must meet in order to file a workers' compensation claim is that you must have sustained an injury that required medical attention. If you were not injured enough to seek medical care from a doctor or emergency room, you are not able to file a workers' compensation claim.
You Must Have Been Injured During the Scope of Your Employment
The last criteria that you must meet is that you must have been injured during the scope of your employment. This means that you can't hurt yourself at home and then say the injury happened at work. This is important because this means that even if you caused your own injuries, such as making a mistake while using a welding tool, and that caused the injuries you sustained, you can still file a claim since the injuries occurred during the scope of your employment. This is one of the major differences between other civil and personal injury cases and workers' compensation claims.
If you were injured and you think that you may be eligible to file a workers' compensation case, consult with a personal injury attorney or a workers compensation lawyer today. They can help you determine if you meet the criteria to file and help you through the process if you decide to retain them as your attorney.Share