What Jobs Aren't Covered by Workers’ Compensation?

Workers’ compensation law requires employers to provide benefits for employees who sustain injuries during their work. However, there are certain types of jobs that are not eligible for workers’ compensation benefits. They include:

Volunteers They don’t qualify for workers’ compensation benefits because they're technically not employees. They also don't receive salaries, although they may receive food or transportation allowances. Examples of volunteers are people who do charitable work for non-profit organizations.

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Some states cover volunteer firefighters and police officers in their workers’ compensation laws. Also, some organizations acquire workers’ comp benefits for their volunteers.

Federal Employees Workers’ compensation is a state-run program, and it doesn't cover federal employees, such as postal workers. Federal workers receive coverage for work-related injuries and diseases under the Federal Employee's Compensation Act (FECA).

Interstate Railroad Workers The Federal Employer's Liability Act caters to compensation for interstate railroad workers. Also known as the Railroad Workers Act, it permits employees to sue their employers for any work accident. They'll, therefore, receive personal injury benefits, which includes compensation for pain and damages.

Maritime Crew Members Crew members on vessels, longshoremen, or dock workers receive benefits under the Long shore and Harbor Workers’ Compensation Act. These benefits cover for injuries and diseases that occur on the navigable waters of the United States.

Independent Contractors State laws don't require employers to pay claims to independent contractors since they're not employees. They're usually not part of an organization's regular payroll, and they work per job.

One contention during workers’ compensation suits is if a worker is an employee or an independent contractor. Some employers try to avoid paying benefits by classifying employees as independent contractors. If you happen to be in this scenario, ask yourself these questions:

● Do you work under the control and direction of the employer?

● Do you use the employer's tools?

● Do you have a long-term position with the employer?

● Does the employer pay taxes on your behalf?

● Did the employer train you on the job?

● Does he/she provide the majority of your income?

If the answers to these questions are yes, then you're an employee. You may consider contacting one of the top workers comp lawyers in Lancaster, PA, to back you up on a claim.

The difference is that independent workers don't take work directions from the employer, nor does the employer pay taxes for them.

A good example of an independent contractor is an electrician. When you hire them for a job, you don't tell them how to do their jobs. Employers mostly hire them for one job, and these contractors use their tools.

Others Depending on a state's law, these other jobs can't access workers’ compensation benefits:

● Part-time maintenance workers performing specific duties in a home

● Part-time domestic workers like nannies and housekeepers

● Some agricultural and farm workers

Conclusion While there are jobs that can't receive workers’ compensation benefits, specific laws may apply to offer a different type of benefit. If you're wondering what benefit applies to you, talk to one of the top workers compensation lawyers in Lancaster, PA.

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