When Are You Not Eligible to File a Claim?
When you are injured or become ill because of working conditions, you may become entitled to workers’ compensation benefits. However, simply filing a claim with your employer does not automatically guarantee you will receive workers’ compensation benefits—you must be eligible to receive them. There are several requirements you must fulfill in order to be able to receive workers’ compensation benefits, and your employer may dispute your claim on the grounds you don’t fit one of them. Let’s take a closer look at those who do not qualify for workers’ compensation
Those Not Covered by Workers’ Compensation
Kentucky law requires every business with at least one employee to provide workers’ compensation benefits in the event of an injury. However, this rule only applies to certain types of businesses. One of the most notable examples is the agriculture industry, which does not require workers’ compensation insurance since many employees are part-time. Likewise, employers of domestic workers (i.e. a butler or nanny) are not required to purchase workers’ compensation insurance for these employees, so long as they work less than 40 hours per week. Religious or charitable institutions are also not required to carry this insurance in many instances.
Those Who Are Not Employees
You may work for your employer, but you may not necessarily be an employee. Many businesses opt to employ their workers as “independent contractors” for a variety of reasons, one of which is the workers’ compensation requirement. In some instances, employers will claim employees are independent contractors when disputing a workers’ compensation claim, however a skilled attorney can analyze your employment to determine if you should actually be classified as an employee.
Volunteers are not usually considered to be employees either, making them not subject to receiving benefits, however there are some exemptions to this rule that you can discuss further with your attorney.
Those Who Claim Non Work-Related Injuries
In order to be eligible to receive workers’ compensation benefits, you must have been injured while at work and doing something for the benefit of your employer. Generally, if you were on the clock and performing your job duties when you contracted the condition in question, you will be eligible. But you may not be eligible if you were injured on your lunch break or at an after-work social event off work property. These may have been work-related functions but are not related to your actual job duties, so the injury is not considered to be “work-related.” This isn’t always an easy or straightforward issue so it’s best to have your lawyer help you with this determination.
So you’ve met the three requirements up above. Does this mean you qualify? Most likely. But there are some special exceptions still. Let’s look at a few of them.
Loaned Labor – If you are loaned to a different employer from your normal one, the employer who borrows your labor is not required to cover you with workers’ compensation. The most common example of this is with temporary employment agencies.
Seasonal or Need-Based Employees – Seasonal or need-based workers are essentially only employees on an intermittent or sporadic basis, and therefore do not require workers’ compensation coverage. Talk to your employer to find out if you fall into this category of worker.
Agricultural or Farm Workers – Because farm work is most often temporary or seasonal, many agricultural workers are exempt from workers’ compensation coverage requirements. However, not everyone who works on a farm is considered to be a “farm worker.” For example, a horse trainer is not considered to be a farm worker and would need to be covered by workers’ compensation.
Are you eligible to receive workers’ compensation benefits? Find out by speaking with Scott Justice of the Justice Law Office. Scott C. Justice is a Kentucky injury attorney who is dedicated to help you obtain the outcome to your case that you need. Whether you are injured on the job, in a car accident, or as a result of the negligence of another, let him handle your case and rest assured that your best interests are being protected and an experienced, skilled.Call Justice Law Office today at (502) 822-2230 for a free consultation!