Goldstein Ballen O’Rourke & Wildstein, P.C.
Goldstein Ballen O’Rourke & Wildstein, P.C.

Call to request a free consultation: 888-868-1830
Se habla español/ Mówimy po polsku
Passaic Lawyers Building
One Howe Avenue, 2nd Floor
Passaic, NJ 07055

Call to request a free consultation

Se habla español/ Mówimy po polsku

  1. Home
  2.  » 
  3. Workers' Compensation
  4.  » 5 criteria for workers’ compensation eligibility

5 criteria for workers’ compensation eligibility

On Behalf of | Jan 17, 2024 | Workers' Compensation

Accidents can happen at any workplace, and when they do, it is important to know if you qualify for workers’ compensation. This financial safety net supports employees who sustain injuries or illnesses on the job.

According to the Bureau of Labor Statistics, private companies reported 2.8 million nonfatal injuries and illnesses in the workplace during 2022. Understanding the criteria of workers’ compensation helps you know if you qualify for this financial solution.

1. Employment status

The first criterion is straightforward – you must be an employee. Independent contractors, freelancers and volunteers typically do not qualify. However, if you are a part-time or full-time employee, you are likely covered.

2. Injury at the workplace

The injury or illness must have occurred while you were working. Whether it is a sudden accident or a gradual onset due to work conditions, it must be directly connected to your job. Injuries sustained during lunch breaks or while commuting may also qualify, depending on the circumstances.

3. Timely reporting

Prompt reporting of the injury or illness is important. You should inform employers of injuries within a specific timeframe, usually within 30 days. Failure to report on time may jeopardize your eligibility for workers’ compensation benefits.

4. Medical evidence

Documentation is key. Seeking medical attention immediately after the incident and maintaining detailed medical records is important. A healthcare professional’s evaluation confirming the work-related nature of the injury strengthens your case.

5. No violation of company policies

If the injury occurred while you were violating company policies, engaging in illegal activities or under the influence of drugs or alcohol, your employer may deny the claim. Adherence to workplace rules is important for a successful workers’ compensation application.

Workers’ compensation is an important resource for employees facing work-related injuries or illnesses. By meeting eligibility criteria, you increase your chances of receiving the support you need during challenging times. Understanding these qualifications empowers employees to navigate the workers’ compensation process with confidence and diligence.