Workers Compensation Claims: Exposing Common Myths

18 March 2015
 Categories: Law, Blog


Unfortunately, far too many injured workers are led to believe that they cannot collect workers compensation benefits for their injuries due to one or more common myths. Below, these myths will be exposed and the truth revealed so that you can ensure that any decisions you make regarding your compensation claim are based on fact.

Myth: You Must Report An Injury Right Away In Order To Qualify For Benefits

The Truth:

This is one of the most common myths out there regarding workers compensation benefits. However, the truth is that a delay in reporting your injuries to your employer does not automatically mean that you will not qualify for workers comp benefits. This is because the law recognizes that not all injuries will present themselves immediately and that it can often take several days for the full extent of an injury to be realized. Therefore, there is not a time limit assigned to when you must notify your employer of any injuries that you suffered on the job. Instead, you are simply required to notify them within a reasonable amount of time after you are aware of your injuries.

Myth: Your Employer Can Fire You If You File For Workers Compensation Benefits

The Truth:

The law protects workers against retaliation when filing a workers compensation claim. This means that your employer cannot fire, demote, or otherwise punish you for your decision to seek compensation for your injuries. However, you should be aware that employers still have the right to terminate injured workers for issues regarding their performance or violation of company policy. For instance, if you are currently out on disability and return to the workplace in order to steal a few office supplies for your home, you can still be terminated for this action. While filing for workers comp does provide you certain protections, it is not a license to ignore company policy and still keep your job.

Myth: The Cost Of Hiring A Workers Compensation Lawyer Will Consume Any Benefits You May Receive

The Truth:

Most workers compensation cases will result in the awarding of a rather modest benefits package. Consequently, it is easy to understand why so many people would worry about the need to pay legal fees out of this relatively small sum. However, there truly is no need to worry. If your workers compensation attorney is able to prove that your employer or their insurance company illegally denied your original claim for benefits, they may be able to get you additional compensation in order to cover the cost of your legal fees. Therefore, there truly is nothing to lose by seeking out the services of a qualified attorney like if your claim for benefits is wrongfully denied.