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Which Jobs Are Covered by Workers’ Comp?

by lizzieweakley

Workers’ comp is a federal and state program designed to provide financing for individuals who cannot work due to a job-related injury or illness. These programs are meant to be a temporary or stop-gap measure in the months immediately following the injury or onset of illness. More long-term consequences or solutions are usually handled in a formal court claim or another type of arbitration.

 

Conventional Workers

States with a workers’ compensation program normally require all employers to pay into the program based on their number of part and full-time employees. The term “conventional employee” includes all employees who have signed an employment contract and receive wages or salary. It usually does not include freelancers, service providers, or any other kind of contractor. Some industries, like railroads and transit, have a specialized workers’ comp program they participate in instead.

 

Conventional Claims

While the specifics do vary between states, most programs have a few basic requirements for people filing a compensation claim. First, positions only qualify as employment for a claim if the employer was required to pay into the comp fund. Second, the debilitating injury must occur at work or be the direct result of work activities.

 

Federal Workers

There are a lot of benefits to being a federal employee, but there are plenty of challenges too. One of these challenges is difficulty in pursuing compensation claims against the government because of restrictions regarding taking the federal government to court. That’s why federal employees should talk to a workers’ compensation lawyer when pursuing any kind of compensation claim with a federal agency employer. The Department of Interior’s (DOI) DOI Workers’ Compensation Program handles workers’ comp issues for federal workers throughout the country.

 

Longshore Concerns

Longshore and harbor workers don’t qualify for workers’ compensation as conventional employees. The inherent dangers of the job and lack of state compensation support were prime motivations for the Longshore and Harbor Workers’ Compensation Act (LHWCA), which provides injury and illness compensation for these vital employees. Not all people who work in maritime occupations qualify, but many who are not covered by their state’s workman’s comp can get help here.

 

For the vast majority of working people, the debate over worker’s comp eligibility is a simple one. If you are an employee, then you qualify. If you are a business owner or independent contractor, you probably don’t. When in doubt, talk to your employer and a local worker’s comp attorney to figure out if your job deserves inclusion in the program.

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