All employers in the US are required to have a workers’ compensation coverage to guard against any injuries related to their work. When you are injured in the course of duty,you need a clear understanding of the requirements that you need to meet before qualifying for benefits under the state law. As a worker,you can claim benefit under the state workers’ compensation law. The following is a short summary of the basic Elements of a Workers Comp Claim. Remember that as a claimant,you have the burden to determine eligibility by way of preponderance of evidence that you sustained the injuries and that they are compensable.
Course of Employment
Proof that you are entitled to compensation due to occupational disease or injury requires that an employee should provide evidence that the injuries arose out of the work. In other words,there should be a causal relationship between your job and the injuries. The course of employment is an element of place,time and circumstances that requires you to show that you were exposed to the risk at work or in the course of carrying out your duty.Arise out of EmploymentFor you to be awarded compensation,you must show that the injuries arose out of employment. This means that your occupation or daily activities should contribute significantly to your injuries or health condition,as a good workers compensation lawyer can tell you.
Here are some of the questions to ask to determine compensability:
â¢ Was your engagement to the benefit of your employer?
â¢ Was the activity contemplated in the work agreement at the time of signing up for the job?
â¢ Was the activity an ordinary risk or incidental to the occupation?
â¢ Did the employee receive the compensation for the activity?
â¢ Did the activity take place within the precincts of the employer?
â¢ Did the employer directly or otherwise cause the worker to undertake the activity?
If your answers to each of the above questions are in the affirmative,you can rest assured that your claim will survive the test of compensability and that you are likely to obtain compensation.