There are many myths about worker’s compensation which a lot of employees believe even today.
Misinformation about worker’s compensation can prevent the injured employee from receiving the full compensation he is entitled to.
Given below are some common myths about worker’s compensation.
1. You Will Be Fired If You File For Worker’s Compensation
It is unlawful for your employer to fire you for filing a worker’s compensation claim. Some people avoid filing claims because they fear that they will lose their job. Your employer is required to keep you on the job during your worker’s compensation claim until you fully recover from your injury.
Remember, if your employer fires you for filing a workers’ compensation claim, this is considered retaliation, which is prohibited by state and federal law. In this case, you may file a lawsuit against your employer for wrongful termination.
2. You Can See Any Doctor You Want For Your Work Related Injury
In the majority of states, you are required to visit a doctor from the list of doctors your employer provides you with. Sometimes you will only be required to consult the insurer-chosen doctor for a specific period of time. Some states allow you to visit a separate doctor but with certain limitations. If you refuse to see the insurer-chosen doctor, your benefits can be terminated.
Therefore, you must talk to your employer and check whether you need to choose a certified doctor to treat workplace-related injuries. This way, you can avoid getting your workers’ compensation benefits denied by the insurer.
3. Minor Accidents Don’t Need To Be Reported
Some employees who think their injuries are minor tend to think that reporting them isn’t necessary. Minor injuries have a possibility of getting worse over time and if this happens, it could be too late to file a report. Your employer will state that your injuries aren’t work related and this will hurt your worker’s compensation claim.
4. You Can Trust The Insurance Company
The employer’s insurance company is usually responsible for making your worker’s compensation payments. The insurance company will try its best to lower your settlement or find reasons to deny your claim. Some common tactics they employ to reject your workers’ compensation claim include denying that the injury was work-related, claiming that the worker was partially at fault for the injury, delaying the process, and lowballing the settlement offer.
To avoid any of these instances, you should avoid giving the company any major statement before consulting your lawyer. Only sign documents from the insurance company after first having them reviewed by an attorney.
Taking these steps can help protect your rights and interests over your workers’ compensation claim.
5. A Worker’s Compensation Lawyer Is Not Necessary
A worker’s compensation lawyer might not be necessary in cases where your injuries are very minor. However, in cases where your employer refuses to acknowledge that your injuries are work related or the insurance company denies your claim, a lawyer will be necessary. If you have been severely injured, an experienced lawyer will help you receive all the benefits you are entitled to. If you work for a company located in Scranton, Pennsylvania and have suffered a work-related injury, we recommend hiring a good Scranton workers’ comp attorney to assist you.
With a legal professional by your side, you can obtain more compensation with less stress. Dealing with a workers’ compensation claim can be stressful, especially if you’re injured and unable to work. They’ll handle the legal work, letting you focus on recovery.
Lastly, knowing that you have a dedicated workers comp lawyer fighting for you can give you peace of mind during a difficult time.
6. Temporary Employees Can Never Receive Worker’s Compensation Benefits
Many states like California require employers to provide worker’s compensation benefits for temporary employees. These employees are entitled to receive worker’s compensation benefits if they suffer from a work-related injury. However, there are certain restrictions for temporary employees to receive benefits depending upon the company or agency and the state’s laws.
7. A Worker Is Eligible For Worker’s Compensation Only If He Is Injured At The Jobsite
This is not true because many workers get injured when they are not on their jobsite. For example, if a driver who performs delivery services for a company gets injured on the road due to an accident, he will also be eligible for worker’s compensation benefits if he qualifies for it.
8. Injured Workers Can Receive Benefits Only From Worker’s Compensation
Injured workers can also receive other benefits provided they qualify for them. If a third party was directly responsible for causing a worker’s injury, he can file a personal injury claim and receive compensation from the third party. You might also be able to receive Social Security Disability Benefits if you qualify for it.
9. Worker’s Compensation Covers All Your Losses
Your worker’s compensation will cover basic medical expenses and a portion of your wages for the time period you are unable to work. Emotional pain, trauma and other sufferings are not covered.
10. You Can’t Receive Worker’s Compensation If The Injury Was Your Fault
Unless you were intoxicated with drugs or alcohol while you were working, fault is usually not a factor in worker’s compensation. You can receive benefits even if you were careless or inattentive.
Conclusion
If you have any doubts about what benefits you are eligible for or what your worker’s compensation insurance covers, seek the help of someone experienced immediately. You don’t want to waste time and risk getting your compensation reduced.
