5 Common Workers Compensation Myths Exposed

26 March 2015
 Categories: Law, Blog

There are many common myths surrounding workers compensation laws and claims. Unfortunately, these myths often deter injured workers from seeking the benefits they are entitled to. Below, five of these myths will be exposed and the truth will be revealed in order to help prevent you from falling victim to these myths when deciding what action to take in your workers compensation case.

Myth: You Cannot File A Workers Compensation Claim If The Accident That Caused Your Injuries Was Your Fault

While it is true that the issue of fault will play a major role in most personal injury cases, this is not the case when dealing with workers compensation claims. This is because workers comp is a no-fault system. What this means is, injured workers can be entitled to compensation even if their injuries resulted from their own negligent actions.

Myth: Workers Compensation Benefits Only Apply To Accidental Injuries

People often believe that workers compensation benefits only apply to those individuals who are injured as the result of a workplace accident. However, the truth is, this type of injury is only one type of injury that is covered by workers compensation laws. These laws also cover injuries that occur over time as the result of repetitive motion, such as frequent lifting or climbing stairs.

Myth: You Must Report An Injury Immediately In Order To Receive Benefits

While it is ideal for workplace injuries to be reported immediately, it is understood that not all injuries will present themselves immediately. Consequently, you may still be able to collect workers comp benefits even if you failed to report the injury for several days or even weeks after it initially occurred.

Myth: You Must Visit A Specific Doctor In Order For Your Medical Bills To Be Covered By Workers Compensation

Your employer is likely to recommend a specific doctor, hospital, or clinic at the time you initially report your injuries. While you certainly can choose to visit the recommended physician to seek treatment for your injuries, the fact is, you have the right to seek medical treatment from any physician without sacrificing your right to have the cost of this treatment covered by workers compensation insurance.

Myth: Only Wealthy Individuals Will Be Able To Hire A Workers Compensation Attorney

While it is true that most general attorneys will require a substantial upfront payment before beginning work on your legal claims, this is not the case when dealing with a workers compensation claim. This is because workers compensation attorneys typically work on a contingency basis rather than charging an hourly or upfront fee. This means that even if you don't have a dollar to your name, you can afford the legal representation you need to pursue even the most complex workers compensation claim.