An Easy Guide to Wrongful Death Claims An Easy Guide to Wrongful Death Claims


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An Easy Guide to Wrongful Death Claims

When my friend lost her husband after an accident at work, we naturally assumed that his employer would do right by the family. We were surprised to find out that the company had no intentions of doing anything over than sending flowers to the funeral. A group of us immediately went to work helping our friend get what was rightfully hers. Wrongful death laws are complex and we soon found ourselves in over our heads. Once we started working with an attorney, we began to understand what we were reading. I started this blog because I want others in the same situation as my friend to have the resources needed to get the settlement they deserve.

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3 Requirements Of A Workers' Compensation Benefits

For some people, there is an assumption that once you are injured on the job, you are entitled to workers' compensation benefits. Unfortunately, this is not always true. There are three factors that dictate whether or not you can get assistance after an injury. 

Employer's Coverage

State laws regarding workers' compensation insurance varies. If you stay in a state in which employers are not legally required to carry insurance, receiving compensation for an injury can be tricky. 

Some states have laws that only require employers carry insurance if they meet certain requirements. For instance, a state could require that only employers who have ten or more employees carry insurance. 

Even if your employer is not required to carry insurance, there is still a chance that it does. An employer can carry the insurance as protection from possible lawsuits from employees. 

Employee Status

Another factor that plays a role in whether or not you can get workers' compensation benefits is if you are considered to be an employee. If your employer denies that you are an employee and argues that you are an independent contractor, you cannot file for benefits. 

You can argue that you are an employee if your employer controls your hours, location, and the tools that are needed to do the job. However, you are an independent contractor if you are only hired to perform a certain service under contractual conditions. 

Work-Related Injury

Your injury must be work-related to be considered for workers' compensation benefits. For instance, if you are a welder and was seriously burned while working, this is a work-related injury.

In some instances, it can be difficult to determine whether or not your injuries are related to work. For instance, if you were injured in a car accident while running a personal errand for your supervisor, this may or may not be considered work-related. 

Your lawyer could argue that because it was for your supervisor, it is work-related. However, your employer could argue that you were doing a personal favor for your supervisor which makes it unrelated to work. 

If there is some doubt as to whether or not the activity you were doing at the time of your injury was work-related, your lawyer can help determine if it was. 

Although these are the three main requirements that must be met to qualify for workers' compensation benefits, there are many more factors that can influence whether or not you will be successful in your pursuit of benefits. To increase your chances of getting the benefits you deserve, work with a lawyer. Talk to experts like The Law Firm of Fitzgerald, Reese & Van Dyne, Co. for more information.