Workers’ Compensation Myths

Legal

Employees who sustain an injury while at work are often not aware of their rights. Therefore, if you experience an injury on the job, you should know that you are entitled to workers’ compensation benefits.

Workers’ compensation is a type of insurance program that insures employees for illnesses and injuries that arise out of the job. The program is mandated by the state. Workers’ Compensation are usually paid by insurance companies on behalf organizations with proof from a certified hospital.

There are many myths and misconceptions about Workers’ Compensation laws. These myths have caused people who are meant to be beneficiaries either missing out on their compensations or they are shortchanged in their payments. Here are some of them:

  • You Cannot Collect Workers’ Compensation Benefits If You Are Responsible For Your Injury.

Contrary to popular belief, workers’ compensation is not a fault-based system. Therefore, you are eligible for workers’ compensation benefits regardless of the cause of your injury. As long as your case adheres to the strict time limits and you notify your employer of your injury right away, and you provide a certified report from the hospital registered with workplace, you can receive compensation. If you have met all of the requirements of your employer but have been told that you do not qualify for workers compensation, you may need to seek the help of an Oakland employment lawyer.

  • By filing A Workers’ Compensation Claim, You Are Suing Your Employer.

Sometimes, employees do not want to file a workers’ compensation claim because they believe they are suing their employer not knowing that they are entitled to it in the case of any work-related injuries.

This is not the case as you cannot sue your employer for a workplace injury. If a third party contractor or a piece of faulty equipment led to your injuries, then you may file a third party lawsuit.

  •  A Workers’ Compensation Claim May Cause Your Employer To Sack You

Your employer does not have the right to fire you for filing a Workers’ Compensation claim. Doing so is referred to as retaliation and can lead to serious penalties. If your employer attempts to fire you for seeking workers’ compensation benefits, reach out to a lawyer right away.

  • Workers Compensation’ Payments Cannot Be Denied.

Since workers’ compensation is a no-fault insurance, you may believe that every claim gets accepted. The truth is if you are unable to provide strong evidence that your injury occurred while you were on the job, then your employer’s insurer may deny your claim.

Fortunately, you can appeal your workers’ compensation claim denial if necessary. Also, if you do not get the certification that is working in conjunction with workplace and insurance company, you compensation claims will be certainly denied.

  • You Do Not Need An Attorney To File A Workers’ Compensation Claim.

If your employer does not contest the fact that you are eligible for workers’ compensation and you do not need to take time off from work, then you may be able to represent yourself. In the event your employer denies that your injury occurred while you were on the job, or they have attempted to fire you, you should contact an experienced workers’ compensation attorney.

If you’ve been believing these myths. It is time you erase them.