Workers’ compensation is an essential safety net for employees who suffer on-the-job injuries or illnesses. However, many misconceptions surround this area of law, leading to confusion and potential missteps. Today, we will debunk some of the most common workers’ comp myths to provide a clearer understanding of your rights and options after a workplace injury.
One common myth is that you cannot be fired while on workers’ comp. Unfortunately, this is not always true. While employers are generally not allowed to terminate an employee solely because they filed a workers’ comp claim, there are other legal reasons an employer might have for letting an employee go.
Another myth is that you can only see a doctor chosen by your employer or the insurance company. In reality, the rules vary by state, but in many cases, you have the right to choose your own doctor or switch to a different doctor after an initial examination by the company’s physician.
It is also a common misconception that workers’ comp only covers medical bills. In fact, workers’ compensation can also provide benefits for lost wages, rehabilitation costs, and even compensation for permanent injuries. The specifics of what is covered depend on the laws in your state and the details of your case.
A fourth myth is that workers’ comp is only for people with physical injuries. In reality, workers’ comp can cover a range of conditions, including occupational diseases and mental health issues that are a direct result of your work environment or an on-the-job incident.
A fifth misconception is that you don’t need a lawyer to handle a workers’ comp claim. While it is true that you can handle your claim without legal representation, the process can be complex and confusing. A skilled Workers Comp Lawyer NY can help you navigate the legal landscape, ensuring you receive the full benefits you are entitled to.
Another common myth is that you cannot file a claim if you are at fault for the injury. In most cases, workers’ comp is a no-fault system, meaning that you are eligible for benefits regardless of who caused the accident. There are some exceptions, such as if you were under the influence of drugs or alcohol at the time of the incident, so it is important to consult with a lawyer to understand your specific situation.
A seventh myth is that workers’ comp only applies to full-time employees. In reality, workers’ comp can cover part-time and temporary workers, as well as independent contractors in some cases. The eligibility criteria vary by state, so it is important to research the laws in your area.
An eighth myth is that you can sue your employer if you are injured at work. While there are some exceptions, in most cases, workers’ comp is the exclusive remedy for on-the-job injuries. This means that you cannot file a personal injury lawsuit against your employer, but you may have the option to sue a third party if their negligence contributed to your injury.
It is important to separate fact from fiction when it comes to workers’ compensation. Understanding your rights and the workers’ comp process is crucial to ensuring you receive the benefits you deserve.
At Polsky, Shouldice & Rosen, P.C., we understand the complexities of workers’ compensation law and are here to help you navigate your claim. We have the knowledge and experience to debunk the common myths and provide the guidance you need. Let us be your advocate and work together to secure the compensation you deserve. Contact us today to learn more about how we can assist you.
