How Do I Know If I’m Eligible For A Workers’ Compensation Claim?
If you’ve been injured on the job, you may be wondering if you’re eligible for workers’ compensation benefits. This is an important question when your injury has you out of work, due to the fact that workers’ comp provides you with wage replacement and medical benefits that will help you through to your recovery.
When you talk to an experienced St. Paul workers’ comp attorney, a determination can be made as to whether or not you are eligible to make a claim. The first rule is that you must be an employee who has suffered a compensable injury on the job.
A compensable injury is one that occurs when carrying out a task while on the clock at your job. In order for the injury to be compensable, it must cause some kind of disability. A “disability” is defined as a condition that causes a person to not be able to earn the wages that have been received up until the time of the injury in any type of employment.
If the disability is an occupational disease, it is only compensable if a causal connection can be established between the disease and working conditions. Employers can refute the evidence of an occupational disease if they are able to prove that the employee would have been equally exposed to the disease-causing conditions outside of the place of employment.
In Minnesota, compensable injuries include:
- Rabies exposure
- Occupational diseases
- Undulant fever
- Breakage or damage to an artificial limb
- Mental impairment, such as post-traumatic stress disorder due to workplace trauma that is not the result of disciplinary action, termination or a similar situation
- Vaccine-related injury or disease when the exposure was work-related
Minors, foreign workers, truckers, couriers, law enforcement officers, firefighters, office workers, certain volunteer workers, members of the military, medical students, elected officials, teachers and professors, retail workers and many others are classified as employees.
Farmers, certain faculty members of the University of Minnesota, certain CEOs, some truckers, railroad employees, farmers, independent contractors, and a number of other employee types or employees of certain industries may not be able to file a workers’ comp claim.
Help Through The Claims Process
The employee has responsibilities, such as informing a manager or supervisor of the injuries within 14 days. You can also call a St. Paul workers’ comp attorney to help you through the entire process. When the employer is notified of the injury, they will provide information on when and how to contact their insurance company.
You also need to seek medical attention as soon as possible so you can establish a medical record for the condition. Medical information is going to be very important in your claim, as it is what defines what is wrong with you, your current treatments and the prognosis. Your attorney can guide you through all of this so that you can avoid the confusion and a lot of unnecessary stress.
Contact Josh Borken. We Get Results.
If you have been injured at work, you may be able to file a workers’ compensation claim. With an experienced attorney evaluating what occurred, you can learn about your eligibility and what your next steps need to be so that you can get the help that you need. To learn more about your rights and options, call the Law Office Of Joshua Borken at 651-321-0778 to schedule a free consultation.