An employee includes any person who receives compensation from an employer for work performed even if the employer has employed the employee unlawfully. An employee does not include independent contractors. However, just because the employer may indicate that you are an independent contractor, it does not mean that you meet the legal definition of independent contractor. There are several factors to apply before determining whether an independent contractor is actually an employee for workers’ compensation coverage. Employers may try to argue that an employee is not covered under workers’ comp simply because they get paid via a 1099. This issue often arises in the construction industry. Employees that work as roofers, dry wall framers, painters, landscapers, and/or truck drivers are sometimes labeled as independent contractors when in actuality, they are employees under the work comp law. These cases are very fact intensive and an experienced workers’ compensation attorney can help get the benefits you deserve.

Repetitive trauma claims are often denied by the employer/carrier since there is no immediate accident. However, injuries occurring over time while using repetitive motions on the job, like lifting objects over and over again can be covered under work comp and considered a compensable injury. Even pre-existing injuries can be compensable injuries if a work accident aggravated or exacerbated the pre-existing condition. Prior back injuries, shoulder injuries, hip injuries, and/or knee injuries can all be related to a work accident if the work accident made your condition and pain worse. Even if the employer/carrier argues that your knee injury or your back injury was due to a prior unrelated event, an experienced work compensation attorney can help secure you the benefits you deserve.

Proving that that your injury or occupational disease occurred while you were on the job can sometimes be difficult. In some cases, it may be obvious because the injury was witnessed by your co-worker or employer. However, in other cases, it could be more difficult if there were no witnesses or you did not report the accident and injury on the date of accident or you did not request medical treatment on the date of accident. However, this does not mean you are not entitled to workers’ compensation benefits.

Workers’ compensation is a no fault system so even if it was the injured worker’s fault, the injured worker is entitled to benefits. If an employee was injured in a car accident while on the job, the accident and injury should be covered by workers’ compensation. The injured worker may also have a third party claim against the at fault driver of the motor vehicle as well. Car accidents that occur on the job are sometimes denied based on the “going-and-coming rule”. Depending on the facts of your case, you may or may not be covered under workers’ compensation law. An employee who is required to travel for work and suffers an injury while traveling is eligible for workers comp benefits. However, these claims are often disputed when the traveling employee is out of town and an injury is sustained while deviating from employment duties.

An experienced workers’ compensation attorney can help evaluate the claim and pursue benefits you may be entitled to. Determining the benefits you may qualify for can be difficult and the process can be long and complicated. A West Palm Beach workers’ compensation lawyer can help you successfully navigate the process so that you can get the benefits you need.