Am I Eligible to File a Workers Compensation Claim?

Workers Compensation Educational Conference

If you have been injured or become ill as a direct result of your employment or working conditions, you could be eligible to file a workers compensation claim.  Here at the Law Offices of Ala Alikhani, P.A., we specialize in helping workers to obtain the maximum compensation that they are entitled to.

As a highly regarded Workers Compensation law firm in Florida, here is our guide to Workers Compensation and who can file a claim.

First Off, What Is Workers Compensation?

Workers’ compensation is insurance that provides cash benefits as well as medical care for workers who are injured or become ill as a direct result of their job.  Your employer will pay for this insurance themselves, and the benefits you receive will be paid by the employer’s insurance carrier.  In exchange for this protection, you lose the right to file a lawsuit against your employer for any further damages.

Who Is Eligible To Claim?

Anyone can be eligible to file a workers compensation case, provided they are able to prove a few certain key facts.  While no one party needs to be deemed to be at fault for benefits to be granted, as a worker you will lose the right to workers compensation if you were under the influence of drugs or alcohol at the time of the accident, or intent on injuring yourself or other people.

There are three basic eligibility requirements for workers’ comp benefits:

  1. You must be an employee

Not every the kind of worker is considered to be an “employee”.  Under the terms of the law, independent contractors like freelancers or consultants, are not entitled to workers’ compensation benefits, and volunteers workers are usually excluded too.  In some circumstances, volunteer firefighters or charity workers may be covered.

  1. Your employer must carry workers’ comp insurance

The majority of employers are required to have workers compensation coverage. State laws vary and the responsibility to provide coverage may depend on how many employees it has, the kind of business it is and the type of work its employees are undertaking.

  1. You must have a work-related injury or illness.

If you are injured or become ill while carrying out your day to day duties, or any duty that has a benefit for your employer, then that is considered to be work-related.  Some direct examples of work-related injuries and illnesses could be hurting your back while lifting heavy boxes in a warehouse, or becoming ill during exposure to harmful chemicals at your place of work.

If your employer claims that you’re not eligible for workers’ comp benefits, either because you are an independent contractor, or they believe that they are not required to provide cover, you should talk to a lawyer to ascertain your eligibility.  It is not unusual for an employer or even insurance company to deny valid workers compensation claims and try to limit their liability.  Because of this, you need to have a workers compensation lawyer on your side.

If you or someone you know has been injured at work, speak to the specialists at the Law Offices of Ala Alikhani, P.A. to see how we can help you claim the assistance and compensation that you are entitled to.  Talk to us today at (844) 762-8155.

When you hire the Law Offices of Ala Alikhani, P.A. to represent you, we go to extremes to ensure employers and their insurance companies are held accountable and that you receive the benefits you are entitled to by the law.

Were you injured at work? Contact us for a FREE consultation. We are available throughout all times of the day to discuss your case with you. Our office is fluent in Creole and Spanish.

-FREE CONSULTATION

-No out of pocket fees or costs unless you recover.

-Covering Miami, Fort Lauderdale, West Palm Beach and all throughout the State of Florida.

370 Camino Gardens Blvd., Suite 325
Boca Raton, FL 33432

TOLL FREE: (844) 762-8155