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Cummings & Middlebrooks, LLP Cummings & Middlebrooks, LLP
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Do I Qualify For A Workers’ Compensation Claim?

If you’ve been injured on the job, you may be entitled to workers’ compensation (also known as workers’ comp) benefits. Many employers are required by state laws to carry workers’ comp insurance. It’s important to find out if you qualify because these benefits could include payment of your medical bills and weekly benefits for time you miss from work.

Three basic requirements in evaluating your claim for workers’ compensation:

  • The person or company you work for must carry workers’ compensation insurance. In Georgia, any business with three or more workers, including regular part-time workers, must carry worker’s comp insurance. To verify employer coverage, go to this site to conduct an Employer Insurance Coverage search.

  • You must be a formal employee of that person or company. To be considered an employee, a contract must exist between you and your employer and there must be payment or an expectation of payment on the part of the employee. Independent contractors and volunteers usually do not qualify. However, in some cases, employers misclassify workers as independent contractors so it is best to contact an attorney to discuss this matter.

  • Your injury or illness must be related to your work. Generally speaking, you should qualify for workers’ comp if your injury or illness arises out of and in the course and scope of your employment duties. In cases where you are off-site or out of the office when your injury or illness occurs, it is best to consult an attorney in order to clearly define the association between your injury and your job.

You are covered under workers’ compensation insurance starting with your first day at work. It is crucial that you report any injuries or illnesses immediately to your employer. After 30 days have passed, it can be more difficult to prove your case without furnishing notice earlier.

There are a few exceptions to the above rules regarding domestic workers, farm/agriculture workers, leased/loaned workers, seasonal workers and/or undocumented workers. Contact an attorney if you fall into one of these categories.

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