Are Social Workers Covered by Workers’ Compensation?

Many companies offer health insurance programs for their employees.  Those programs are separate from the workers’ compensation insurance program. Employers pay for the workers’ compensation that is designed to provide an exclusive remedy for injured employees. No one expects to get injured on the job, but according to statistics compiled by the Bureau of Labor Statistics, that is what happened to 2.6 workers who reported some type of nonfatal injuries and illnesses in 2023. Although that is a drop from the previous year, a significant number of workers might be filing claims.

Knowing that your employer carries workers’ compensation is a measure of comfort for the staff. However, there are some businesses that could be exempt from having to carry the workers’ compensation insurance. Some positions might be exempt for other reasons. For instance, are social workers covered by workers’ compensation insurance? That depends on where they are working.

Workers’ Compensation Eligibility Requirements

Each state has its regulations regarding the workers’ compensation program, but they follow some of the same basic requirements. Workers’ compensation insurance claims are processed by independent carriers. Those companies have every right to inspect and thoroughly assess every claim. The following are the basic eligibility requirements that you must meet to receive workers’ compensation benefits.

You Must Be an Employee

Although you perform a job and get paid, that doesn’t automatically mean you are an employee of the company. This is where the issue of the gig economy comes into play. Suppose you work as a freelancer, consultant, or any independent contractor who gets a 1099 Income form. In that case, you are not considered an employee of the company, regardless of how many hours you put in.

In many states, a homeowner who employs a domestic worker, such as a housekeeper, nanny, or personal chef, does not need to carry workers’ compensation coverage.

Agricultural and farm workers are in a different category and are also exempt from the workers’ compensation program. However, those exemptions often apply to small farms.

A temporary worker employed by a temp agency might be allowed to file for workers’ compensation benefits if they are injured on the job. However, there could be an issue as to which company should file the claim: the temp agency or the company they are working for. In those situations, there could be negotiations between the two distinct insurance carriers.

Someone who volunteers or interns without getting paid isn’t typically entitled to receive workers’ compensation benefits. However, many states establish workers’ compensation insurance for certain categories, such as volunteer firefighters.

Social workers are another category of employee, and this depends on who they are working for. If your social worker job is with the federal government, then you would need to file a claim with their independent workers’ compensation system.

The Employer Must Have Workers’ Compensation

Most businesses are required to carry workers’ compensation insurance. State laws vary in this area, but generally speaking, most states require that any company with at least one employee have workers’ compensation. Texas is the one exception that makes workers’ compensation coverage optional.

A company can buy a workers’ compensation insurance policy from the private market or opt into a state program. A general rule of thumb is to ask your employer at the start of the job if they carry workers’ compensation insurance.

The Injury or Illness Must Be Work-Related

It seems obvious that if you’re filing a workers’ compensation claim, you were injured on the job. Because insurance carriers have the right to investigate any claim, they will need to verify that your injury was directly work-related. It might be easy to prove that you developed carpal tunnel syndrome on a job, but was it a result of your current job or a past job? And is your back pain caused by lifting heavy boxes or remodeling your kitchen?

This is why it is important to report the injury to your supervisor when it happens. It is also crucial to keep track of your medical records and doctor’s reports.

You Need To Meet Filing Deadlines

An injury on your job could happen on a Monday that will have you filing for workers’ compensation on Friday. That is plausible. However, there are some instances where you might have an injury that has progressed over time and still need to file a claim. Each state has specific filing deadlines that you must follow. If you file outside the deadline, you could be denied benefits regardless of your injuries.

If your claim is denied, you are entitled to file an appeal. Getting help from the attorneys at the Thomas Law Offices can help inform you about all your options.