Workers Comp Lawyer Clears up Myths & Misconceptions
MYTHS & MISCONCEPTIONS ABOUT WORKERS’ COMPENSATION CASES
If you have been involved in a work-related injury you will only get one chance to get the compensation you deserve. Therefore, it is important that you separate fact from fiction.
Myth: You can’t recover for your injuries because you were at fault.
Truth: Even if your injury was your own fault you are still entitled to full benefits under The Workers’ Compensation Act. So long as your injury occurred at work, or in the course of performing your duties and there were no special circumstances that would preclude recovery, you are entitled to certain benefits.
Myth: You can’t recover because there are no witnesses to the accident.
Truth: In many cases there won’t be any witnesses to your accident. However, that has little bearing on your ability to collect benefits. Again, as long as you were hurt at work or during the course of performing your duties then you are entitled to receive benefits. It is important to remember that it is your obligation to notify your employer as soon as possible about your injuries.
Myth: You can’t recover damages because you are a new employee or your employer does not provide this coverage.
Truth: This is a myth that some employers might like you to believe. The fact is your employer is required by law to carry workers compensation insurance and not doing so may result in fines and subject the employer to liability.
If your employer provided you with a handbook when you were hired, it is a good idea to give a copy to your attorney. There will usually be a section specifically detailing what to do if you’ve been injured at work.
Myth: You can’t recover because you didn’t go to the hospital or doctor right away.
Truth: Injuries aren’t always immediately evident. An employee may feel fine immediately after the incident but a serious injury may develop later. While it is advised you seek medical attention as soon as possible after an accident, it does not automatically prevent you from bringing a worker’s compensation claim for injuries caused by the accident.
Myth: You can’t recover because your injuries relate to a “pre-existing” condition.
Truth: An accident can often further injuries in an area that is already weakened by a prior condition. This is most common in back, shoulder, and knee injuries. An insurance company will try to use the fact that you received treatment to the same area to their advantage. For example: A person might have a previous shoulder injury, but as a result of this accident, they may now have a permanent injury and require surgery. An experienced attorney will have encountered this issue on many prior occasions and can aggressively challenge the insurance company’s allegations. Therefore, it is important to tell your physician, as well as your attorney, about any prior injuries as the insurance adjuster will eagerly argue that you were intentionally being deceptive to collect money for a pre-existing injury when you had no intention.
Myth: You can’t return to work because your position was eliminated while you were out sick.
Truth: Your employer does not have to hold your particular position open but they do have to place you in a position at the same salary you were receiving at the time of your accident.
If you have been told one or more of these myths, especially by an insurance company, you can easily find out the truth by consulting an experienced attorney who handles workers’ compensation cases and will evaluate the unique circumstances of your individual accident.
If you are unsure what your rights are after being injured on the job, call Bob, toll free, at 855-760-6746 for a FREE, honest, evaluation. The call is free, the advice may be priceless!