Am I Eligible for Workers' Compensation?
The Law Offices of Craig Dykman has the best workers’ compensation attorneys in Marin County. We represent eligible clients to ensure they can collect workers’ compensation insurance.
In California employers are required to have Workers’ Compensation Insurance for their employees. People employed in the United States who injure themselves on the job or suffer an employment related illness can be eligible to collect Workers’ Compensation Insurance. If you are a dependent of a family member who dies because of a job-related illness or accident you may also be eligible work workers’ compensation. Those eligible receive compensation for lost work and medical bills. If you became sick, injured or a loved one has died on the job tell your employer immediately.
Workers' Compensation Eligibility Requirements
Usually there are 4 basic eligibility requirements for workers’ compensation benefits:
- The person or company you were working for must carry workers' compensation insurance or be legally required to do so.
- You must be an employee of that person or company.
- Your injury or illness must be work-related.
- You must report the injury or illness promptly – within 30 days of incident
In addition to these requirements there are some special rules for domestic workers, agricultural and farm workers, leased or loaned workers, casual or seasonal workers, and undocumented workers.
Employer Must Carry Workers’ Compensation Insurance
Not all employers are required to have workers comp. An employer’s responsibility to provide coverage depends on how many employees it has, what type of business it is and what type of work the employees are doing. Typically employers must provide coverage either by purchasing insurance or by self-insuring.
You Must Be an Employee
When it comes to workers compensation eligibility, not all workers are employees. For example, independent contractors are not considered employees and are not entitled to workers compensation. Many employers misclassify some workers as independent contractors when legally they are employees. If you are working in Marin County and have been denied benefits due to being classified as an independent contractor you should contact a workers’ compensation attorney.
Your Injury or Illness Must Be Work Related
If your injury or illness is work related then it is probably covered by workers’ compensation. If you were doing anything for the benefit of your employer which injured you or caused you to become sick then it is most likely work-related.
You Must Report the Injury or Illness Promptly
It is vitally important that you report the injury or illness to your employer as soon as possible. If you do not report the injury or illness within 30 days you may not be eligible for benefits. So if you are injured or become sick because of work, report the injury or illness to your employer immediately.
Workers’ Compensation Benefits
If you are eligible for workers’ compensation then you are entitled to benefits. There are a number of workers’ compensation insurance benefits under the Federal Employee Compensation Act.
They are as follows:
- Medical expenses
- Two-thirds of normal salary
- Job retraining
- Compensation for survivors of employee who died on the job
If the disability is permanent or you have dependents, you might receive more than two-thirds of your salary. In addition you might not be able to litigate other damages, because California law limits your employer’s liability if you collect workers’ compensation insurance.
Workers’ Compensation Attorneys in Marin County
The Law Offices of Craig Dykman provide the best legal representation for our Marin County clients eligible for workers’ compensation. We have over 20 years of experience as workers’ compensation attorneys. If you have become injured or sick or a loved one has died on the job then you should contact an attorney as soon as possible. An experienced attorney will advocate for you and ensure that you receive just compensation.
Give us a call today at (415) 454-8545 or contact us here.