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Posts Tagged ‘tampa workers comp lawyer’

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Due to the employment status or the nature of responsibilities, some jobs do not qualify for workers compensation benefits. These job titles include the following:

* Part-time domestic employees in private homes

* Newspaper carriers

* Real estate sales agents

* Some agricultural workers

* Casual workers

* Unpaid volunteers (who are not considered employees in the first place)

* Sole proprietors

* Partners

Independent contractors, in general, are not qualified for workers compensation benefits. Some companies will classify an employee as an independent contractor, even if they perform the duties and receive the same treatment as other employees.

If you are substantially controlled by your employer, even if you are given a “independent contractor” status, then you may be considered an employee and eligible for workers compensation. To figure out if you fit the standard definition of a workers compensation attorney consider if your employer has exercised substantial control over you. Do they dictate your work schedule? Provide training? Do they provide the tools and resources necessary for you to perform your job duties? If you answered yes to anyone of these there is a good chance that you may be allowed to file for workers compensation benefits, despite an independent contractor relationship.

Despite popular sentiments, workers compensation checks are not written by employers but instead by their workers comp insurance carriers. In some rare cases, your employer is self-insured in this regard, so they will be writing and approving workers compensation claims on their own.

In situations where your employer is self-insured, it assumes responsibility for making good on your workers comp benefits that are owed. These benefits would include all wages, medical expenses, transportation costs to doctor appointments, and rehab costs among other expenses.

If a physical injury on the job has led to mental suffering and disability, or psychiatric distress your employer or their carrier is responsible for providing you with reimbursement for treatment. This would include trips to the psychiatrists or any medication prescribed to treat a mental condition as a result of your on-job injury. However, any mental conditions you may wish to claim have to be directly related to the physical damage caused.

For example, if you suffer from undue job stress or tension that leads to a heart attack. Another would be developing an anxiety disorder or post traumatic stress disorder in response to an accident on the job.

In both of the mentioned cases the physical injury was caused by mental anguish or the mental duress was due to job related stress. These are the types of mental distresses that would lead an insurance carrier or employer to consider paying for treatment.

You’ll find that a workers compensation attorney or lawyer in Tampa can be a valuable asset in getting you the proper compensation for mental illness caused by a stressful work environment.