Who’s Entitled to Workersâ€™ Compensation?
If you work in a traditional job, your employer is likely required by law to pay for workersâ€™ compensation insurance for you. Should you get injured on the job, these benefits can help you pay for medical bills, lost wages and other expenses as you recover.
Are You Entitled to Workersâ€™ Compensation?
If you work in a job that is full-time or part-time, you may be covered by workersâ€™ compensation. Under Delaware laws, all employers who have at least one employee must pay for this coverage. You do not have to pay into this type of insurance â€” your employer must pay the benefits for you.
There are exceptions to workersâ€™ compensation coverage. If you are an independent contractor or freelancer, you may not be covered by these benefits. Farm workers might also not be covered. Employers who hire farm workers can pay for workersâ€™ compensation coverage for their employees, but by law they donâ€™t have to. Take a look at your employment agreement to find out whether youâ€™re covered or not. Your employment agreement will list what kind of employee you are and whether you should be covered.
Potential Problems With Workersâ€™ Compensation
Unfortunately, some people believe they are covered by workersâ€™ compensation insurance only to find that they are not protected. In some cases, they don’t realize there’s a problem until after theyâ€™ve been injured. They may find that their employer then claims they are freelancers or contract employees rather than full-time or part-time workers. If this happens to you, contact a workersâ€™ compensation attorney to review your situation.
If you think you are covered by workersâ€™ compensation but canâ€™t get benefits, there may be a few problems:
- Your employer may misclassify you as a freelance or contract worker
- Your employer might not have paid for insurance for you, even though it is required by law
- Your employer might claim that you did not follow the correct procedures after your injury
- Your employer might deny the claim
- Your employer might not send in the correct documents on your behalf, as required by law
- You might not be able to produce enough medical evidence or other evidence of your injury
Avoiding Problems Before an Injury Happens
To prevent this situation, take steps before you are injured. First, review your employment agreement to make sure you are correctly classified as a part-time or full-time worker and confirm that you are covered. Review your rights as a worker under Title 19 of the Delaware Code. Keep copies of any documents that prove your status as an employee. Know what you should do if you are ever injured on the job.
If you are injured, and you canâ€™t secure the benefits you may think youâ€™re entitled to, contact a workersâ€™ compensation attorney. There is an appeal process and other legal channels you may be able to use to get your rightful benefits.