There are several complications that can appear when discussing workers’ compensation benefits. To put things as simple as possible, there are some general eligibility requirements you need to see in order to qualify for benefits. However, even when this happens, some worker categories are actually exempt because of state laws. Whenever you are exempt, it is absolutely mandatory you contact a good workers compensation lawyer since you will need extra help. And when you are involved in accident at work, you need the services of specialists, like a construction accident lawyer.
The main categories of exempt workers are presented below.
In many states, workers’ comp coverage is not mandatory when the employee works in a private home, like child caregivers and housekeepers. In other US states, such workers are only covered when they have part time contracts.
Farm And Agricultural Workers
In several states, farm and agricultural workers are exempt but this only happens when small farms are in question. However, in states like Texas, farmworkers are specifically included, like seasonal laborers and migrant laborers.
Loaned Or Leased Employees
When you are employed by a temp or staffing agency and you are injured as you are on assignment, you are usually covered if the injury you suffered was related to work. However, the responsibility for the coverage will be complex since it will depend on strict state laws. Usually, the temp worker is seen as an employee of the special employer and the lending agency. As a result, there will be 2 insurance companies that will fight about responsibility and fault. The workers’ compensation lawyer will help navigate this complex legal setting.
Seasonal Or Casual Workers
Such employees are often excluded. However, the exemption could only apply in the event that the work was not a part of a regular profession or business from the employer.
When referring to immigrant employees without a legal work status, there is no workers’ compensation coverage. This is true in several states, like Florida, Texas, and California. In such cases, the law is still evolving but legislators do keep trying to eliminate the undocumented immigrants from protection.
Discuss Your Case With A Workers’ Compensation Lawyer
If you are faced with serious problems, like having an employer that claims you will not be eligible for compensation through workers’ compensation, regardless of the reason and the exemption category you fall under, you have to talk to a lawyer. Insurance companies and employers will often deny 100% valid claims in order to limit viability and pay less. The workers’ compensation lawyer will surely help to protect personal and legal rights.
We should also highlight the fact that when workers’ compensation benefits are denied, you most likely still have the option of suing your employer through other legal means. This is just another huge advantage of working with workers’ comp attorneys. They often have an extra specialization in injury law. This means they can so easily file personal injury claims and lawsuits against the people or businesses that are responsible for what you suffered. There are always some legal options that are available and that will help you.