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Top 10 FAQ for Workers' Comp Claims

Medical insurance application, silver pen and stethoscope. Legal law contract and health insurance concepts.
By Christopher Coble, Esq. on May 03, 2019 3:00 PM

On the one hand, workers' compensation insurance seems pretty basic: If you get hurt on the job, you can get money for medical bills and missed income. On the other hand, it's not so easy: What qualifies as "hurt"? What constitutes "on the job" -- what if you're on the road for work or you work from home? And how much missed income can you get and for how long?

You can have a lot of questions about workers' comp claims, so here are ten of the most common, and where to find the answers:

1. Workers' Comp: What Injuries Are Covered?

This is everyone's biggest question, and, unfortunately, there's no set list of covered injuries. But there are some general criteria.

2. How Long Do I Have to Be Employed to Get Workers' Comp?

What happens if you get hurt your first day on the job? Fortunately, your employer should've been paying into a state workers' comp insurance plan. But what if it's their first day, too?

3. Does Workers' Comp Cover Volunteers?

And if you're not even an employee, you're just trying to help out? Well, as they say, no good deed goes unpunished. So, you're probably out of luck and will need to rely on private insurance.

4. Can Undocumented Immigrants Get Workers' Comp?

Payroll taxes fund workers' compensation coverage, and if workers, illegal or not, are paying into the system, shouldn't they also be eligible to receive benefits? It may actually depend on the state.

5. Can I Get Workers' Comp for a Business Trip Injury?

You're not in the office, but you're on the clock. Does that mean you're covered?

6. Can I Get Workers' Comp If I Work From Home?

And what happens if you never go into the office at all? You may work remotely even in another state than where your employer is headquartered. Does that matter?

7. Does Workers' Comp Cover Mental Health?

Not all injuries are physical, and some mental and emotional issues can prevent you from working just as much, if not more.

8. If I Get Into a Fight at Work, Can I Still Get Workers' Comp?

Let's just say you weren't exactly "working" when you suffered a work-related injury. Whether you're covered may depend on where the fight occurred and whether you threw the first punch.

9. Can You Get Workers' Comp If You Fail a Drug Test?

There's a common conception that you'll face drug tests after a work injury, and if you fail, you get nothing. Is that true or a common misconception?

10. What Are the First Steps in a Workers' Compensation Claim?

You've been injured. You think it's work related. What do you do next? One step might be contacting an experienced workers' comp attorney.

Related Resources:

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