Workers’ compensation cases are not as simple as people think. A slight mistake can cause you hundreds of dollars each week. According to the D.C. Workers’ Compensation Act, in order to be entitled for workers’ compensation benefits, there are some key points that need to be addressed.
There needs to be an existence of an employee-employer relationship at the time of the injury. This means the employer has the “right to control.” The employer can hire and fire the employee, tell him or her what to do and where and how to do it, and can decide how the employee is paid.
The injury must happen in the course and scope of the employment. In other words, there needs to be a connection between work and injury. Generally speaking, if the employee is injured when he was “on the clock” during work hour, his injury is considered to have happened in the course and scope of the employment.
Other cases of workers’ compensation can include cumulative trauma injuries or occupational disease. These injuries can be caused by repetitive actions. For example, a typist may develop carpal tunnel syndrome as a result of her repetitive typing on the job. Or, cases can be based on an aggravation of a prior condition. If a worker has bad back and his job required him lift something that aggravate the back injury, he would be entitled to workers’ compensation benefits.
Where you file a claim after a work injury can also play into your claim for workers’ compensation. Generally, DC workers’ compensation laws governing these issues are considered more favorable to injured workers than insurance companies when compared with the laws of Virginia and Maryland.
This is just a small portion of the factors that can influence your workers’ compensation case. There is a lot of information and we want to make sure workers know what their rights are and how to protect them.
This is why I wrote the book Protect Your Rights: The Ultimate Guide to D.C. Workers’ Compensation. It is an easy-to-read overview of DC workers’ compensation laws and rights for workers who have been hurt on the job in the DC area. This book provides general information on what workers need to know to make sure they get all the compensation needed to help them after an injury at work. Don’t let the insurance companies win just because you were unaware of certain laws. Call (202) 393 – 3320 today and we’ll send you your free copy right away.