As a first-timer, you may have trouble filing a compensation claim for your injury especially if you risk something happening to your current job. Unbeknownst to a majority of the workforce, they can get compensation for their medical expenses, lost wages or any other kind of losses stemming from injuries while at the job.
However, due to common misconceptions, many workers may avoid proceeding with filing the claim even if they are aware of their rights. Here we have listed some of the common misconceptions pertaining to filing a workers compensation claim.
1. You have to be on the job during the injury
You could be doing your job offsite or you could be involved in an auto accident. While commuting does not form as part of the job, if your job requires any kind of commuting or driving, then you are still eligible to file for workers’ compensation.
2. You must be doing your job when you got injured
Even if you are at the job site but you were involved in some other activity such as going to the bathroom or having lunch, it still constitutes a work-related injury, thus qualifying you for workers’ compensation.
3. Your only option is workers compensation
There are many other damages that you can file for, and not all of these fall within workers compensation. You can also go for personal injury damages, which may include trauma or loss to your property or lost wages etc.
4. You can seek your employer’s help in maximizing your benefits
The benefits come from the employer’s insurance company, and there will not be a very significant role of your employer in this process. In all circumstances though, you cannot expect your employer to help you with the claim.
5. You could lose your job if you file a workers’ compensation
It is illegal to fire employees who wish to exercise their legal right for filing a workers’ compensation claim, or want to avail its benefits. It is also illegal to discriminate between employees based on mental or physical disabilities.
6. You will lose a lot of your amount in legal fees
This forms the major reason behind the hesitation of many workers aiming to file a workers’ compensation claim. However, this is not entirely true.
You can go for a local workers comp lawyer who may be willing to work for you on a contingency basis. In such scenarios, the lawyer only charges their legal fees if they are able to win the case and thus get their client the compensation they need.
7. You will receive coverage for ‘all’ kinds of work injury losses
Workers compensation may only cover a portion of your medical expenses incurred and a portion of your lost wages. You cannot file compensation for emotional trauma or pain and suffering or disfigurement from a workers compensation claim.
Instead, you will have to file a personal injury claim to get coverage for the abovementioned losses.