Legal Aid: A Blog About Laws And Legal Processes

3 Questions You Might Have About Obtaining Worker's Compensation

22 April 2016

Renee Bates

Employers are typically required to have worker's compensation insurance coverage that covers the medical expenses and lost wages of someone injured while on the job. If you've suffered any type of injury, you might wonder if you have a claim against an employer and if you should speak to an attorney. While it's always best to meet with a lawyer even if you're not sure you have a case to be filed, note a few questions you might have about obtaining worker's compensation. This can help you know a bit more about your situation in particular.

1. What if I'm not a fulltime employee?

Worker's compensation benefits are usually extended to various types of part-time employees and those who are acting on behalf of an employer. This might include volunteers, interns, work experience students, and the like. Don't assume that because you're just working for someone part-time or were volunteering for them that you're not eligible for compensation, but discuss your work situation with a lawyer so he or she can absolutely determine your eligibility.

2. What if the injury happened while on the road?

Typically worker's compensation wouldn't be applied if you're commuting to and from the office, but note that you may be considered to be working if you're traveling for business. This might include, not just when you're driving a company car or van, but also when using your own vehicle to make sales calls, head to the airport from the office, and so on. A compensation lawyer can note when and where your injury occurred and if it would fall under the category of worker's compensation.

3. What if the injury happened some time ago?

There are always limits as to when you can file any type of lawsuit, and worker's compensation is no exception. Those limits will vary according to location. One thing to remember, however, is that you may be able to get an extension for filing your claim for various reasons. If your injury was severe, the courts may recognize that you were not physically able to file a claim. If you have symptoms that did not show up immediately, this too might be taken into account. There are no concrete answers as to whether or not you would get an extension, but never assume that if your injury happened a month ago, six months ago, and so on, that you are now automatically too late for filing a claim. Talk to a compensation lawyer about your injury and why you're delayed so they can advise you if you might be eligible for an extension.

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