We get many questions on whether or not a person can only receive workers' compensation if they were hurt on a construction site.
Well, you can receive workers' compensation whether you work on a construction site, at a store, in an office or any other place of employment. If you have had a serious injury while working on the job (any job) and have had to seek medical treatment, you are entitled to workers' compensation benefits.
However, not everyone is entitled to workers' compensation benefits. An injured worker must be an employee as defined by the D.C. Workers' Compensation Act and prove an employer-employee relationship existed at the time of the injury.
There are two basic tests for whether an employer-employee relationship exist. The "right to control" test analyzes whether the employer has the right to hire and fire the employee, to tell him of her what to do and where and how to do it (controlling the work), as well as how the employee is paid, for example whether the employee is paid salary, hourly, or by the job, and whether taxes are withheld.
The injury must happen in the course and scope of the employment. That is, there must be a connection between the injury and the work performed. Generally, an employee is considered to be in the course and scope of his employment when he gets hurt.
As long as you are "on the clock" and within the course and scope of employment, you can probably receive workers' compensation.
You still have to prove your case, though. And the insurance company is already working against you.
We are here to help, so if you have any questions about workers' compensation or how to get started on your case; contact us by phone or by email at (202) 393-3320 and [email protected]. We have also written books, reports and guides on various topics involving workers' compensation and how to protect your rights. Get a FREE copy of Protect Your Rights: The Ultimate Guide to D.C. Workers' Compensation, by ordering it from this site or request your copy by phone or email.