The Myths and Mistakes Involving Workers’ Compensation Law

When you have been injured on the job, one of the first concepts you become familiar with is ‘workers’ compensation law.’ However, there are some things you may have heard about these laws that are not true or will keep you from getting the results you deserve. Today we will share some common myths with you, as well as mistakes that you should avoid in your case.

Myths Regarding Workers’ Compensation

Myth 1: My employer will ensure that all necessary forms are filed for me to receive workers’ compensation. Unfortunately, this is not so. Many employers have gotten away with failing to file claims that are vital and required to pursue your claim. This is why it is important to speak to an attorney, who understands what is needed and will work with you when your employer is not meeting the requirements.

Myth 2: Workers’ compensation claims also mean that I must sue my employer. This is not true. In fact, workers’ compensation works as a way for you to receive compensation without going to litigation for these matters.

Myth 3: Since the accident was my fault, my employer will not allow me to make a claim. Workers’ compensation is actually a no-fault program. This means that, even if the accident was 100% your fault, you could be entitled to workers’ compensation benefits.

Mistakes in the Workers’ Comp Process 

Failing to Report Your Accident: This is one of the most common accidents. You must always report your injuries to your employer to get started on the workers’ comp process. There may be guidelines for you to follow in a manual, or just informing all employers and co-workers that the injury occurred. Sometimes, there is a statute of limitations and you must allow them to know in a certain amount of time.

Failing to Give Accurate Medical History: You should always give a full, accurate detail of your medical history to the doctors who are helping you with your claim. If you don’t, you could fail to receive the medical treatment that is necessary. Insurance companies, when handling these cases, will take a look at medical records to determine what happens next.

Not Knowing When to Return to Work: Many times, you will receive light work when you cannot return to the same job straight away. Your employer should always give you a job that you can handle after your injuries, adhering to your restrictions.

Because many parts of the workers’ compensation process are complicated and require experience on your side, it helps to have an attorney working with you who understands your case from front to back. Call us at Maggiano, DiGirolamo & Lizzi for more information on how we can help.