How to Qualify for Workmen's Compensation

Getting injured during work hours does not automatically qualify you for workmen's compensation. There are many factors that go into the final decision as to whether an injury was truly work-related. If you suffered an injury, explore all possible angles before attempting to file a claim. When in doubt, consult with a workmen's compensation lawyer. Some cases are too complex to be filed or decided on your own and only a professional can determine whether you actually have a case.

Instructions

Difficulty: Moderate

1. Read your company's manual to see what it says about workmen's compensation. There may be guidelines as to what type of incidents entitle you to filing a claim and what compensation you may expect. In certain companies, the issue of compensation may also be included in your contract, so it's important that you go over it as well.
2. Establish whether you got hurt due to your negligence or because of something your employer did (or failed to do) in your place of employment. You may qualify for workmen's compensation in both cases, but the amount you receive will probably be completely different.
3. Determine whether the injury happened while you were performing your job duties or simply while you were on the premises. The first case automatically qualifies you for compensation while the second one will take into consideration other factors before a final decision is made.
4. Make sure your injury is the result of an accident. Injuries caused by repetitive movements or processes (such as chronic back pain caused by posture or lifting heavy objects) do not qualify for workmen's compensation, as they are considered accumulative rather than acute.
5. File a Notice of Injury as soon as possible. A delay in filing may reduce your benefits, especially if you don't visit the emergency room right away. A Notice of Injury will establish your right to a more detailed claim later. This form should be available from your company and it basically contains all the necessary personal information and blanks for details related to the injury sustained.

Tips & Warnings

• Avoid filing frivolous claims. You will not qualify for workmen's compensation if you get injured during lunch break or while you are running personal errands during work hours. If you suffer an accident when traveling in company transportation, however, you may be entitled to a claim.