If you were hurt while performing your work duties, you could be eligible for compensation under the workers’ compensation laws. However, these laws come with a number of nuances that may keep employees from getting the money they deserve.
Understanding workers’ compensation claim eligibility in San Bernardino is key to filing the right documents and recovering damages. To do this properly, you may need to work with a qualified workers’ compensation attorney.
Who Can File a Workers’ Comp Claim?
Sustaining injuries at work could be the basis for recovering damages. In San Bernardino, workers’ compensation claim eligibility depends on whether the employee meets the necessary criteria. This criteria includes:
Employee Status
In San Bernardino, The injured party must have employee status to be eligible for a workers’ compensation claim. While regular employees are eligible for workers’ comp benefits, contractors and freelancers usually aren’t. Both full-time and part-time employees are eligible for the benefits.
Employer’s Workers’ Compensation Insurance
State laws require all employers, even those that just have one employee, to carry workers’ compensation insurance. If the employer doesn’t have this insurance, they are breaking the law. In this case, the injured party can explore other ways to recover damages.
These options are filing a personal injury lawsuit against the employer or filing a workers’ comp claim with California’s uninsured employer’s fund.
Reporting and Filing Deadlines
The injured worker must report the injury to the employer within 30 days to be eligible for a workman’s compensation claim in San Bernardino. If the employee fails to do so, they could lose workers’ compensation claim eligibility.
After reporting the injury to the employer, the worker must file a workers’ compensation claim within one year. Although exceptions may apply, most cases result in the dismissal of late claims.
Evidence
To establish workers’ comp claim eligibility in San Bernardino, the employee’s legal team must prove that the injuries were work-related by providing evidence such as eyewitness testimony, video surveillance, doctors’ reports, and more. Even if the cause of the injury appears straightforward, demonstrating the employer’s negligence is often necessary.
To prove that workplace injuries caused damages, the injured party must present medical bills, rehabilitation reports, and other evidence of injury-related expenses.
Who Is Not Eligible for Workers’ Comp
Not all employees can file a workers’ compensation claim. Some of the exceptions are:
- Workers’ compensation does not typically cover independent contractors and freelancers because employers do not classify them as employees.
- Organizations may choose to provide workers’ compensation for volunteers, but unpaid workers usually do not qualify.
- Employers of domestic workers, such as nannies or housekeepers, may not provide workers’ compensation unless the workers meet certain criteria.
- Business owners and partners may exclude themselves from workers’ compensation coverage or opt out by selecting specific policies.
While these workers aren’t eligible for a workers’ compensation claim in San Bernardino, they could recover damages in other ways. For that, they would have to consult an experienced work injury attorney.
Consult a San Bernardino Attorney to Determine Your Workers’ Compensation Claim Eligibility
If you were hurt while doing your job, you could be entitled to compensation. To determine workers’ compensation claim eligibility in San Bernardino and file the claim correctly, you need the assistance of an experienced attorney.
At the Law Offices of Anthony Gluck, PC, we have decades of experience helping employees fight for their rights. Please contact us at any time to schedule a consultation.
(909) 885-1620