Workers’ compensation benefits injured workers, but there is much misinformation about how the system functions, what it pays out, and what the rules actually are.
And if you pursue a claim but depend on the wrong information, you could lose out.
If you’re a worker — or an employer — you must distinguish fact from fiction when it comes to workers’ compensation. That’s one reason to retain the services of a reputable lawyer specializing in helping injured workers get a favorable outcome.
With that said, here are five of the most common myths surrounding workers’ comp claims and what the truth is.
1. “If the Accident Was My Fault, I Can’t Get Compensation”
This is one of the biggest myths. Workers’ compensation differs from personal injury claims in the fact it is a no-fault system. That is, you can usually collect benefits even if your own actions contributed to your injury-causing accident.
Case in point: If you suffer back pain after lifting something improperly, you can still qualify for workers’ compensation benefits. The fault-free nature of the system means injured workers can get compensation for treatment and lost wages. Not having to worry about finances can facilitate a less stressful recovery period.
2. “I Cannot Make a Claim Because I Did Not Suffer Any Injury at My Workplace”
Most people incorrectly assume that as long as the accident doesn’t occur on company property, it doesn’t qualify as a workers’ comp case. The truth is that workers’ compensation covers any type of injury you suffer while you are working — whether at the office or out and about for work purposes.
It is merely a question of whether or not the injury was sustained while on the job; where you are at the time doesn’t necessarily matter. The most important thing is to report the injury to your employer and an attorney as soon as possible.
3. “I Don’t Have to Report My Injury Immediately”
Not immediately reporting an on-the-job injury is a big mistake. Thinking that you can delay doing so indefinitely and not face repercussions is like rolling dice. Statutes of limitations, which may differ from state to state, come into play.
Waiting too long to report an injury may cause your insurance company or employer to question whether the accident occurred at all. Report any illness or work injury to your supervisor as soon as it occurs, even if you feel that it was relatively minor. A bruise or strain that is not quite serious today may worsen tomorrow.
4. “I Have to See the Doctor My Employer Recommends”
While some states do require you to go to the doctor recommended by your employer, that’s not the case in all states. So, it’s up to you to research the rules in your state. You can ask a workers’ comp lawyer for recommendations if you have questions.
In addition, if you feel you are not being properly diagnosed or cared for by your company’s doctor, you usually have the right to go to a second doctor.
You have the right to be informed of your rights under state statute. Your options can be discussed with an attorney.
5. “Filing a Workers’ Comp Claim Will Get Me Fired”
Yet another unfounded myth is that someone can be fired if they file a workers’ compensation claim. It’s easy to see how someone could fall for this one, though. But it’s actually illegal in most states to retaliate against an employee with a legitimate workers’ comp claim.
If your employer harasses, fires, or demotes you for filing a claim, you can bring a case of wrongful termination or retaliation. You should also inform your workers’ comp lawyer.
Workers’ compensation is supposed to provide a safety net for workers, but widespread misunderstandings often make the process more difficult than it needs to be. Knowledge is power. You can use it to steer clear of the misconceptions.
