When an employee is injured on the job, he or she may inquire with a Bloomington personal injury attorney if he or she is eligible for workers’ compensation. This insurance program is required by state law and helps compensate employees for medical expenses and lost income that they suffer because of a work-related injury or illness. There are three key requirements to being eligible for workers’ compensation.
Covered Employer
The first requirement is that the employer be covered by workers’ compensation. Illinois law requires every employer who has at least one employee to have workers’ compensation insurance. Most employers use the state workers’ compensation system. However, federal agencies must follow the rules related to the federal workers’ compensation system.
Employee
In order for an employee to receive workers’ compensation benefits, he or she must be considered an employee. While this may be clear in many circumstances, it may not be in others. Volunteers are not considered employees. Independent contractors are not considered employees and, therefore, are not entitled to workers’ compensation benefits.
Consultants and freelance workers typically fall under this heading. However, employers may mis-classify employees as independent contractors. If a person believes that he or she is entitled to these benefits, he or she may contact a Bloomington personal injury attorney regarding this issue.
Work-Related Injury or Illness
Workers’ compensation benefits are only available for injuries or illnesses that are work-related. This typically translates to providing workers’ compensation awards to employees who were acting in their employer’s interest or providing a benefit to the employer. This may be the result of one incident or a prolonged exposure to a work environment, such as carpal tunnel syndrome.
Legal Assistance
If you would like to determine if you are eligible for workers’ compensation, contact a Bloomington personal injury lawyer from McCarthy Rowden & Baker.