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Must You Be An Employee Or Contractor Of A Company To Receive Workers’ Compensation?

You must be an employee in order to be subject to the workers’ compensation law.

For example, if someone walks into a store to buy something, this person isn’t allowed to have a workers’ compensation claim because they’re not an employee.

This can be as simple as the following: “I was hired 5 minutes ago, and now I hurt myself. I was an employee.  Am I entitled to workers compensation coverage?” The answer is yes, you are.

If You are an Independent Contractor for a Company, and You’re Injured on Location, Is This Covered?

If you’re an independent contractor for a company, and you come into the location, then no, you are not subject to workers compensation law.

For example, if you’re an independent contractor and you step onto the premises of somebody else, and you slip and fall, then you do not have a viable workers’ compensation claim. No workers’ compensation coverage is in place for you because you are not an employee. Instead, you self-insured yourself.

Alternately, if the place where you stepped had a wet floor or a dangerous condition, then ultimately you can sue them under a negligence theory.

If You Are an Employee of a Company, and You Get Hurt by an In-coming Vendor or his Equipment, Does This Create a Workers’ Comp Case?

This case could potentially have two different claims.

If you are an employee of a company, and you get hurt while working, then you are covered by workers’ compensation.

In addition to this, if the vendor is an outside supplier and somehow not related to the general contractor, as long as you, yourself are not a sub-contractor, then certainly you can sue the vendor in a personal injury claim. Therefore, you could potentially have two claims (workers’ compensation claims & a personal injury claim)

Is a Person Still Covered by Workers’ Compensation After His Work Shift Ends?

This answer all depends on where you were at the time of the accident. Let’s assume you are working in a building, you clock out, and you slip and fall while still in the building, then you should be covered in your workers’ compensation claim.

If you’re in the parking lot when you fall, some questions may arise about whether or not you can be covered. If it’s an employer’s sponsored parking lot, then usually the answer is yes. You should be covered.

If you step into your car and you have an accident on the way home, most of the time, you’re not covered. However, you could potentially be covered if you’re doing an errand on the way home or you’re actually in an employer’s automobile.

If you’re a delivery driver, and you’re injured while delivering, then you will be covered.

Some exceptions could exist to these general rules, but these are the basic guidelines.

What are Factors that Affect a Workers’ Compensation Claim?

The real question is, “Were you hurt while working, and are you an employee?” As long as you’re hurt while working, and you’re an employee, then your injury is covered.

Sometimes when you’re injured, you initially think it’s no big deal. However, over time, you learn that it’s something major. Many times, people come and say, “Listen, my neck hurts after my accident while working. I didn’t think it was a big deal, but it keeps me up at night.”

As time goes on, their neck gets worse and worse. Ultimately, after they have an MRI, they find out that it’s actually a herniated disk. Sometimes, they have to undergo therapy, injections, or even surgery because the pain is really bad. Therefore, even for seemingly minor injuries, it’s a good idea to file a claim and understand your benefits.

Contact us today to receive more information on Workers’ Compensation Claims. We offer a free initial consultation which is your next best step. Get the information and legal answers you’re seeking by calling (954) 677-0155 today.

Florida Personal Injury Attorney David M. Benenfeld
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