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Can I Receive Workers’ Compensation Benefits After My Workplace Injury? The Attorneys at Schmidt Kramer Explain

Posted Dennis Kergick on Dec 17, 2014 in Workers' Compensation

There are many ways to make a living here in Pennsylvania. Some people opt for the traditional 40-hour work week desk job, while others serve in military. Some people work from the comfort of their own home, while others take advantage of the money to be made offshore and head for the high seas for weeks or months at a time. There is no right way to earn an income, but some ways may not be covered by workers’ compensation laws.

Two Primary Concerns: Who You Are, and How Your Injury Occurred

There are two primary requirements to be met in order to qualify for workers’ compensation benefits. First, you must be an employee of your company. No matter whether you are hired on for the holidays only or have been working full-time for years, as long as you receive a regular wage or salary and your paycheck shows that taxes were taken out of your check, you apply. For people who are independent contractors (using a Form 1099 for yearly income taxes) or volunteers, workers’ compensation benefits will not apply.

The second major consideration for workers’ compensation benefit coverage is how your injury occurred. Laws state that in order to qualify for workers’ compensation, your injury must have occurred “under the scope of employment.” In plain language, you must have been injured while you were at work performing your normal duties. If you got into a car accident while running out for your morning coffee, your injury would not likely be covered. If you were making routine deliveries as part of your work duties and were involved in an accident, or if you were hurt while at your workplace, you would be covered.

If You Are Confused, Speak With an Attorney

Most workplace accidents are not routine—at least we hope that they are not routine. This means that many people are confused over whether these accidents are covered under workers’ compensation. If you have any concerns, questions, or doubts after you report your injury to your employer, contact a workers’ compensation attorney immediately.

As an employee of your company, you have the right to earn a living safely. If you are injured while doing so, you may be entitled to workers’ compensation. To learn more about your own eligibility, speak with Schmidt Kramer today by calling or clicking on the live chat feature.