Debunking Workers’ Compensation Myths

While you may have heard of workers’ compensation before, most people aren’t familiar with the ins and outs of the program. With so many pervasive myths about workers’ compensation benefits, many people might not file a claim for what they’re entitled to or prematurely drop out of the process. 

Let’s bust some myths. 

#1: I can’t file a workers’ compensation claim if the injury was my fault. 

Workers’ compensation is a no-fault system. Unlike other personal injury cases, it’s not essential to figure out who is responsible for the injury to pay out benefits. Even if an employee is responsible for the accident that led to the injury, they can qualify for medical coverage and other potential benefits. 

#2: I told my boss about the injury, and they’ll take care of it from there. 

Let’s start with the beginning. What does “telling your boss” entail? Sometimes, having an in-person conversation is enough. However, in some states, a report of the injury has to be in writing. Even in states where that isn’t the case, it’s always best to write an email or text message to avoid a situation where someone claims they were never told. 

And who is your “boss”? Sometimes, your legal employer isn’t the same as the person you work for on a daily basis. For example, if you work on different short-term projects through an agency, that agency might be your legal employer. For the purposes of workers’ compensation, you must notify your legal employer of the injury. 

And will they “take care of it from there”? Not always. While the law requires your employer to quickly start the claims process, they might not. This could be because of a mistake or for other reasons. It’s always important to contact an attorney to ensure that your employer is doing everything necessary. 

#3: I can use my regular doctor and health insurance coverage for my work injury. 

While workers’ compensation covers medical care relating to your injury, it often has to be through an authorized provider. In many states, the Workers’ Compensation Board has a set of doctors and healthcare professionals that must be used for all care related to a claim. 

Seeing an approved provider is essential to other workers’ compensation benefits as well, such as wage-replacement benefits, as they need to be the ones to assess your injury and its effect on your ability to work. In some cases, you may be able to request a change of physicians or IME, an independent medical examination, but it’s always best to consult with an attorney so you know all of your options. 

#4: I’ll get fired if I file a claim. 

It is against the law to fire an employee in retaliation for filing a workers’ compensation claim. However, it’s important to keep in mind that an employer may claim that an employee was fired for other reasons. If a supervisor or manager starts to treat you differently, be sure to document what you’ve been told, who you’ve spoken to, and any differences in treatment. An employer can’t keep you from getting the benefits that you’re entitled to under the law. If you or anyone you know was terminated after filing a workers’ compensation claim, talk to an attorney about your rights. 

#5: I don’t need an attorney. 

You aren’t required by law to hire a workers’ compensation attorney when filing a claim. But the workers’ compensation process involves a lot of unfamiliar paperwork, deadlines, and terminology. Having an advocate who is well versed in local laws ensures that you don’t miss any important deadlines, fill out paperwork incorrectly, or lose out on any benefits you’re entitled to. 

Thinking about hiring an attorney? Get in touch with us for a free, no-obligation evaluation.