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With the sole exception of Texas, which allows employers to designate themselves as non-subscribers to workers’ compensation insurance, every state requires most of the companies operating within it to buy and maintain workers’ comp coverage for their workers classified as employees. However, Pennsylvania is one of the states that does not apply this requirement universally.
For that reason, the question of whether someone has workers’ compensation claim eligibility in Bala Cynwyd can have varying answers for different people. Our well-practiced workers’ compensation attorneys at Lowenthal & Abrams can help you understand what makes someone eligible to file a workers’ comp claim as well as what circumstances might lead to an otherwise eligible worker having their claim rejected.
What State Law Says About Eligibility for Different Workers
Broadly speaking, every company in Pennsylvania that has at least one worker defined as an employee is required to provide workers’ compensation coverage to that employee. Workers are generally presumed to be employees as opposed to independent contractors unless they are shown to have unlimited freedom in how and when they choose to perform work as part of their business, profession, or trade. Both full-time and part-time employees qualify for workers’ comp as do temporary and seasonal workers.
However, domestic workers like maids typically are not eligible to file workers’ comp claims in Bala Cynwyd or elsewhere in Pennsylvania, nor are employees who perform agricultural work for less than 30 days or earn less than $1,200 in compensation per year. Additionally, workers in the railroad and maritime industries are generally covered by federally managed workers’ compensation programs as opposed to state-level workers’ comp laws as are most people employed directly by the federal government.
What Counts as a Work-Related Injury?
Someone with access to workers’ compensation coverage can seek benefits through their employer’s policy if they sustain a work-related injury or illness. In this context, work-related means that the injury occurred or illness arose as a direct consequence of conditions the person was exposed to while performing job-related duties, which may include traveling to and from worksites and other activities away from a dedicated workspace under certain circumstances.
However, workers who get hurt or become sick on the job specifically because of their own misconduct, like if they were engaging in horseplay, were not following safety rules, or were impaired by drugs or alcohol on the job, are generally not considered eligible to file workers’ comp claims in Bala Cynwyd. Likewise, someone who gets hurt while they are not on the clock or otherwise engaged in an activity directly benefiting their employer may not be covered by workers’ comp.
Our Bala Cynwyd Attorneys Can Answer Your Questions About Workers’ Compensation Claim Eligibility
When you know that your employer has a workers’ compensation policy, it may seem pointless to ask the question of whether you are eligible to seek benefits through that policy after an accident on the job. However, making sure that you have workers’ compensation claim eligibility in Bala Cynwyd, and understanding the reasons you conceivably could not, can be crucial to maximizing your chances of obtaining the benefits you need.
Guidance is available from the beginning to end of the workers’ compensation claims process from our capable lawyers at Lowenthal & Abrams. Call our firm today to set up an initial consultation.
