The workers compensation program in North Carolina is meant to protect employees who are injured on the job. Unless you fall into certain categories, there’s no reason to expect that you are not eligible for workers compensation benefits. Of course, there are times that our Greenville workers comp lawyers meet with employees who were not eligible to apply for workers compensation. Seasonal and casual employees happen to fall into the categories of workers not covered by workers compensation in North Carolina. This means that even if you meet the regular criteria for workers comp, your claim will not be accepted. Your workers compensation attorney in Greenville will have to find another way to get you compensation for your injuries.
Here, we will briefly discuss the various categories of workers who are not eligible for workers compensation. We will also explain what options are available to you if you are not allowed to file for workers comp benefits. If you happen to have questions about your own workers compensation case, it’s a good idea to contact our office sooner rather than later. Take the time to sit down with an experienced workers compensation attorney in Greenville who not only knows the law, but also goes out of their way to help their clients get the compensation they deserve. We offer all new clients a free, initial consultation. Therefore, it will cost you nothing to meet with us for the first time.
There Are Certain Categories of Employees Who Aren’t Eligible for Workers Compensation Benefits
As with most other governmental programs, there are certain categories of workers who are not entitled to workers compensation benefits. It doesn’t matter which state you live in; these categories do not change. One of the first categories of workers who are not eligible for workers comp is federal employees. If you work for the federal government, there is a separate program that you must apply to if you get hurt on the job. The same is true for railroad employees. If you work on the railroad, you should be part of a union that can help represent you should you get injured at work.
Another category of workers who are not eligible for workers comp benefits are agricultural workers and domestic servants. The reason for this is more of a practical one than a legal one. The government does not feel that an independent farmer or household should be expected to cover the medical care and replacement wages for an injured worker.
Finally, the last grouping of workers who are not entitled to workers compensation benefits include casual workers, temporary workers, and seasonal employees. The way the government sees it, these three types of employees will not be with the company long enough to warrant the sort of protection offered by workers comp. As far as our Greenville workers comp lawyers are concerned, this does not mean that you’re not entitled to some sort of protection under the law.
An Experienced Greenville Workers Comp Lawyer May Be Able to Help
If you are a seasonal worker and you have been injured on the job, our Greenville workers comp lawyers may be able to help. Depending on the facts of your case, you may be able to file a personal injury lawsuit against your employer. This will require that you prove the same thing that any other personal injury plaintiff would have to prove. To collect damages, your attorney will need to prove negligence. If they’re able to do that, you may be entitled to compensation from your employer.
Proving negligence involves the following 4 steps:
- Your Greenville workers comp lawyer must prove that your employer owed you a duty of care. This shouldn’t be all that difficult. All employers must provide their staff with safe working conditions. They are also supposed to train their employees on how to properly use equipment and materials
- Your attorney will also have to prove that your employer somehow breached this duty of care. The way they do this will depend on the facts of your case. For example, if you were injured while using faulty equipment, they’ll have to show that your employer knew the equipment wasn’t working properly and did nothing to fix or replace it.
- You must demonstrate that you were injured. As long as you went to the hospital for treatment immediately after your workplace accident, this shouldn’t be hard to do.
- Finally, you also need to prove that your injuries were caused by your employer’s breach of duty. As long as your employer can’t prove that something happened between the time you left work and the time you showed up for medical treatment, you should be fine in this regard.
You Should Meet with a Workers Compensation Attorney in Greenville Sooner Rather than Later
Typically, when we meet with a new client, it’s because their workers compensation claim has been denied. It isn’t often that we meet with somebody who was not eligible to collect workers compensation benefits. This is because, for the most part, anybody who is injured on the job is entitled to apply for workers compensation benefits. However, our workers compensation attorneys in Greenville are able to help people who weren’t allowed to apply for workers comp in the first place.
One option available to somebody like yourself is to file a lawsuit against your employer directly. This will be treated like any other personal injury case. Rather than be limited to medical coverage and last wages, your Greenville workers comp lawyer will demand damages for pain and suffering and lost future income as well.
If you’re having trouble with your workers compensation claim, we suggest you contact our office today and schedule your free, initial consultation. This gives you a chance to sit down with a seasoned professional who has handled hundreds of workers compensation cases in the past. They’ll review your information and determine whether you have a valid claim for damages. If you do, our office may be willing to represent you. If we truly don’t feel you have a case, we would rather be upfront and honest and let you know at the outset rather than get your hopes up unfairly.
Since your initial consultation is free, you have absolutely nothing to lose. Just call our office and schedule date time that works for you.
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