While most employees have heard about worker's compensation at one time or another, many don't understand they may be eligible for it if their injury was work related. In addition, many people have been told so many myths regarding worker's compensation that they don’t understand how workers comp really works.
The information here will dispel some of the many myths commonly believed regarding workers comp.
Start by Understanding What Worker's Compensation Is
Employers are required to pay into worker's compensation for the protection of injured employees. Worker's compensation also benefits the employers because the employees will get workers compensation in lieu of suing the employer.
Worker's compensation will cover the medical bills, loss of wages, and other losses endured by an employee due to a workplace related injury. If employees are not able to go back to work, in many cases worker's compensation will also offer them retraining for a career they can still physically do.
Learn the Truth About Worker's Compensation Myths
The many myths told about worker's compensation can prevent a deserving person from filing their case, which can cost them their well-deserved compensation. You don't want to be one of these people. Therefore, read about the debunked myths below.
You Will Be Fired
The thought of being fired from your job is scary. Luckily, the law protects you from being fired from your job due to your involvement in a worker's comp case. Retaliation of this kind is prohibited by federal and state laws. However, you may be fired for other reasons, if your employer can prove the firing had nothing to do with you filing for worker's comp.
You Can Sue Your Employer Instead
When your employer carries worker's comp insurance, the worker's comp protects them from lawsuits dealing with workplace injuries. Therefore, you must go through worker's comp or you give up your chance to receive compensation for your injuries and losses. Worker's comp cases get settled much faster than a personal injury case against an individual, so it's in your best interest to go with worker's comp anyway.
You Can't Work While Going Through Worker's Comp
As soon as your doctor clears you to go back to work, you can do so. However, your doctor may order you to be on light duty. Light duty will specify what you can and can't do at work. Both your employer and you must go by the doctor's stipulations.
You Can Only See Their Doctors
In some cases, you may be asked to see specific doctors for an evaluation and will need to do so. However, you can also see your own doctor for treatment if you wish, but usually at your own cost.
You Can't Get Worker's Comp if You Caused the Accident
It doesn't matter if you tripped over your own shoe lace and fell down stairs, or you put a coffee cup in the microwave too long and severely burned yourself. If you were injured at work, then you are eligible for worker's comp.
Worker's Comp Is Always Denied
This is not true. As long as you can prove you are injured and you can prove that injury happened at the workplace, then you should get worker's comp. However, it is a good idea to obtain an attorney right away.
Learn More About Worker's Comp and Your Case
If you have been injured at your place of employment, then call us now. It's important for you to work with a good attorney from the start. Law Offices of Goldberg & Ibarra will get you through your worker's comp case with much less frustration and risk than going it alone.