Workers’ Compensation Attorneys Rockville Centre
Before you apply for workers’ compensation, you might want to know whether or not you are eligible and what you might be eligible for. Please read the following general information, and then call Polsky, Shouldice & Rosen, P.C., to speak with our workers’ compensation attorneys Rockville Centre workers can count on for advice.
What Kind of Workers’ Comp Benefits Are You Eligible For?
Knowing what types of worker’s compensation benefits you’re eligible for if you are injured at work is important so you can take the correct steps in the time-frame allotted by your state employer’s insurance company.
The first thing you must be sure of, is whether you are an employee or not. This may seem obvious, but depending on who you work for, you might be classified as a contractor, consultant, or freelancer. This means that they are not responsible for purchasing workers’ comp to cover you. If your employer takes taxes out of your paycheck, this is a good sign that you are an employee and they are probably required by law to carry workers’ comp. If you think that your employer is trying to save money by misclassifying you, speak with a Rockville Centre workers’ compensation attorney to determine if they are going against state laws.
The most common workers’ compensation benefits include coverage for:
- Medical care
- Temporary partial disability, which covers financial loss if you can continue to work but only for fewer hours or doing an easier job temporarily
- Temporary total disability, which covers two-thirds of your regular weekly paycheck (up to a maximum) if the injury requires you to miss a certain number of workdays, which often kicks in after three to seven days
- Permanent disability, which generally provides lifetime payment based on your limitation or loss of work abilities
As our workers’ compensation attorneys in Rockville Centre might explain to you, there are a few categories of employees, which are exempt from required state benefits. These include people who are undocumented, seasonal, domestic workers like nannies, and agriculture workers. Being employed through a staffing agency can also affect how you would collect benefits. The agency may be required to provide coverage rather than the company you’re working for. Keep in mind that you can give up your rights to coverage if you do not report the injury to your employer by your state’s deadline.
While most companies are required by law to carry workers’ comp, each state has laws which dictate what actual size and type of businesses must purchase coverage. In some states like Alaska, California, Delaware, and Illinois, if you have one employee you must purchase insurance. In states like Alabama and Mississippi, employers do not need coverage unless they have at least five employees. Other states like Kansas require coverage if their gross payroll goes over a certain amount. There may also be other exceptions regarding part-time employees.
If you have trouble collecting benefits you rightfully deserve, be sure to collect strong evidence to support your claim and if necessary, speak with one of the workers’ compensation attorneys in Rockville Centre who can help you negotiate a fair settlement, open a lawsuit or prepare for a medical exam.