A Nassau Work Injury Lawyer Answers: What Are the Reasons Why an Injured Worker May Not Qualify for Workers’ Compensation Benefits?

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Robert Golan

Those who appear to meet all of the eligibility requirements for Workers’ Compensation still may not qualify. This can be due to one of several reasons.

Sometimes failure to qualify is simply due to the current Workers’ Compensation laws in their state. It could be because he or she falls into one of the exempt categories. If your employer tells you that you fall into one of these categories, and that you do not qualify for benefits, you may want to seek out a local Nassau Workers’ Compensation attorney for the surrounding areas of Long Island.

The exempt categories include:

• Domestic workers, such as housekeepers or babysitters, are not always covered. These employees are those who work within the home. In many states, employers are not required to cover these employees.

• Agricultural and farm workers are exempt in most states. However, note that not every person who works on a farm is considered a farm worker. If you have questions about your employment category, or whether or not you are eligible for benefits, consult a Nassau work injury lawyer.

• Any workers that are leased or loaned, such as through an employment agency, may not be eligible. States differ on whether the company or the employment agency is required to provide Workers’ Compensation coverage for an injured employee in this category. If you are having trouble getting this sorted out, a Nassau work accident compensation lawyer can help you find out whether you are eligible for benefits or not.

• Casual or seasonal workers who only work at certain times of the year, or who work only intermittently or sporadically throughout the year are not always covered by Workers’ Compensation. This varies from state to state.

• Undocumented workers are covered in some states and not in others. In some, the states let the courts decide. If you are an undocumented worker in New York, contact a Nassau Workers’ Compensation attorney today to help.

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