Workers’ Compensation

Workers’ compensation provides benefits for employees who are injured at work, whether their injury is caused by their employer, a co-worker, a third party, or even if it is the employee’s own fault. 

In order to qualify for workers’ compensation benefits, there are three prerequisites: 

            (1)             The person must be an employee;

            (2)            He/she must have sustained an injury or illness resulting from their                                     employment, and,

            (3)            That work related injury or illness must result in that person’s either total                                     or partial disability.

While the vast majority of the people are hired by their employers as direct employees, it is not uncommon for employers to try to avoid paying workers’ compensation insurance and benefits, by hiring an individual and telling him or her that they are an “independent contractor” as opposed to an employee.  It is not uncommon that an employer will pay that person by cash, or, at the end of the year, provide that person with a 1099 form as opposed to a  W-2 form for their taxes. 

However, the method by which a person is paid is only one factor out of many in determining whether or not they are an employee, and thus entitled to workers’ compensation benefits, or an independent contractor, and not entitled to those benefits.  The law looks at many factors in determining whether or not an individual is an employee, including the method by which they are paid, whether or not the job they were performing at the time of their injury or illness is the only job they had, how they got the job, whose tools they used in performing the job, and whether or not they exercised independent judgment in performing the job or were instructed on how to do so by an employer. 

In many cases individuals who either believe or were instructed by their employer that they are independent contractors, are later determined to be “employees”, and thus entitled to workers’compensation benefits for the injury or illness they sustained at work. 

An employee must sustain an injury or illness arising out of and in the course of their employment.  Many employees believe that they have to sustain a sudden, traumatic injury at work.  However, that is only one way that an injury can be sustained.  The law recognizes that an employee who, over the course of time,  suffers wear and tear of a particular part of their body (such as back, knees, hands, shoulders, etc.) from the nature of their job, may have sustained an “injury”  for which that employee is entitled to workers’ compensation benefits.

Also, the law states that employers take their employees as they find them.  Thus, when an employee is hired with a pre-existing condition,  and that employee “aggravates and/or exacerbates” that pre-existing condition, i.e.,  makes it worse by something they do at work, to the point where they become either partially or totally disabled, they may be entitled to collect workers compensation benefits. It doesn’t matter whether the pre-existing condition is due to a prior accident or the employee was born with it.

If you have any questions as to whether or not you are entitled to workers compensation benefits, or about any benefits to which you may be entitled, please contact us at 978-256-9655 or in NH: 603-881-5300 

Most people believe that when their employer deducts Social Security from their paycheck,  those benefits are for when they are ready to retire.  That is only partially true.  Some of that money goes into what is known as the Social Security Disability Trust Fund.  That Fund provides disability benefits for people who have worked and  contributed to Social Security.  Usually, it is necessary to have worked 5 out of the last 10 years prior to the date you apply for those benefits.  However, there are special rules for younger workers and certain others.

In order to qualify, a person has to suffer from injury or illness which either has prevented them from engaging in any form of substantial gainful employment for one year, or is anticipated to prevent them from engaging in any form of substantial gainful employment for one year.  If the person has more than one injury and/or illness, they are all considered in determining whether that person is considered disabled.

An illness can be from any source so long as it is serious enough to prevent the person from working for one year or more.  It can be physical or emotional.  Likewise, if an individual is claiming benefits due to a disabling injury, that injury can have occurred anywhere, one’s home, in an automobile accident, as a result of a slip and fall, or as a result of a work related accident, so long as it totally disables that person for one year or more.

If you have been unable to work at any type of job for one year due to an injury or illness, or  it looks like your disability will prevent you from working for one year or longer since the date that you last worked, please contact our office, as you may be entitled to receive Social Security Disability Benefits.