If you or a loved one has been injured on the job, you may be wondering about how to get workers’ compensation benefits for your injuries. You may be worried about keeping your job, receiving the benefits to which you are entitled, and getting those benefits in a timely manner. The process can be complicated and intimidating. However, if you are armed with the facts, you will be better prepared to tackle the challenge of filing a workers’ compensation claim.
Read on to learn about four common beliefs regarding workers’ compensation that are actually myths.
The Myths Surrounding Workers’ Compensation
● You can only claim workers’ compensation if the injury was your employer’s fault. Workers’ compensation works entirely differently than a personal injury lawsuit: An employer must pay compensation to workers who were injured on the job, regardless of who was at fault. It might have been the employer, it might have been another worker at that company, a worker from another company, or even the injured worker himself. Negligence on the part of the employer is in no way a condition for compensation.
● No matter how a worker is injured, he or she is entitled to workers’ compensation. It is true that the majority of injuries on the job are covered – even if they were caused by the worker’s own mistake. However, some injuries are excluded from workers’ compensation. For example, injuries suffered because the worker was knowingly and willfully negligent, such as in the case of using controlled substances on the job, may be exempt from workers’ compensation. Additionally, workers’ compensation may not apply where an injury is not directly linked to the job, as, for example, with mental health issues.
● Most workers’ compensation claims are fraudulent. Some employers would like to make it seem like their workers are constantly trying to scam them for workers’ compensation money. In fact, only one to two percent of workers’ compensation claims are false. Most workers who claim injury on the job do have a strong case and deserve compensation.
● Workers’ compensation will cover all costs related to your injury. Certain expenses are expressly left out of workers’ compensation. No matter how serious the injury, a worker cannot claim compensation for pain and suffering – these types of damages are reserved for lawsuits based on negligence, not workers’ compensation.
The First Steps in Getting Workers’ Compensation
If you were injured on the job, it is not always safe to believe everything you hear about workers’ compensation. There are many myths out there, some of which may lead you to believe that it is impossible for you to get compensation. This simply is not the case. The law explicitly protects your rights if you were injured on the job.
An experienced attorney will help you file your claim in a timely manner, compile all the relevant evidence, and will use a personalized approach to pursue just compensation on your behalf. To learn more about workers’ compensation, contact the attorneys at Petro Cohen, P.C. for a free phone consultation.