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Are all injured employees eligible for workers' comp?

Readers of this blog may be aware that when they are injured on the job in Massachusetts, they may be able to receive workers' compensation benefits from their employer. However, there is an important aspect to keep in mind-one must be eligible to receive them. How does one determine eligibility?

The first thing to keep in mind is that only employees may receive workers' compensation post workplace injury accident. This may seem pretty straight-forward but not everyone who is working is considered an employee for the purpose of workers' compensation law. For example, independent contractors and free lancers are not considered employees of the company they are working for and therefore would not receive compensation. Similarly, there are certain types of worker categories that are exempt from receiving workers' compensation, such as seasonal workers and agricultural workers.

Secondly, the company one is working for must carry workers' compensation. This depends on the type of business, the number of employees and the type of work being performed. If one's employment situation does not give them workers' compensation, they may be able to receive compensation under another law, other than workers' compensation.

One of the most important considerations is whether the injury was actually related to the work one is performing. This means that there must be a causal relationship between the employment relationship and the injury sustained.

Figuring out one's employment situation and whether the injury was the result of a work-related action can be confusing for an injured employee. They might find it beneficial to consult with an experienced attorney to discuss their situation and the best way forward.

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