Most people never learn how the workers’ compensation system works until they’ve been injured on the job and begin researching the process. That’s one of the reasons there are so many myths out there about the workers’ compensation system.
Anyone injured at work needs to make informed decisions, so learning the ins and outs of the law is important. This may take some time, and it often helps to involve an attorney. But one way to get started down the right road is to recognize some of the most common myths about workers’ compensation.
8 Common Myths About Workers’ Compensation
Workers’ compensation rules vary from state to state. Given the complexity of the law, people who have never suffered a work injury often have no idea of how the system works. In that gap, an entire framework of misconceptions has grown up around workers’ comp.
It’s never too early to build a basic understanding of workers’ compensation. A good place to begin is by looking at some of the most common workers’ comp myths and understanding the realities behind them.
Myth #1
If the worker’s negligence contributes to their on-the-job injury, their workers’ compensation claim will be automatically denied.
The Truth About Myth #1
If a worker suffers any injury or illness directly related to the workplace, they will qualify for benefits even if they made mistakes. For example, if a person suffers a broken arm after tripping over a pile of bricks on the worksite, they are entitled to workers’ compensation benefits. On the other hand, if that employee was drunk on the job and they fell because they were intoxicated, their claim would likely be denied.
Myth #2
Only full-time employees are eligible for workers’ compensation. Employees working part-time are not covered.
The Truth About Myth #2
Any employee injured on the job can file a workers’ compensation claim. Part-time workers can get workers’ comp benefits if they are hurt on the job. So can temporary workers and seasonal workers.
Myth #3
An employer can fire a worker who makes a claim for workers’ compensation benefits.
The Truth About Myth #3
It’s illegal for an employer to fire a worker who is injured on the job and applies for workers’ comp. In fact, it’s illegal for an employer to retaliate in any way against an injured employee who makes a workers’ compensation claim.
Myth #4
An employee must break a bone, knock out a tooth, or have some other type of traumatic accident-related physical injury to be eligible for workers’ comp benefits.
The Truth About Myth #4
Any on-the-job injury will qualify an employee for workers’ comp. This is not limited to broken bones. It can include occupational illnesses and repetitive stress injuries.
Myth #5
Workers’ compensation only covers the injured worker’s medical bills.
The Truth About Myth #5
Workers’ compensation benefits include all medical care resulting from the on-the-job injury. They also cover a portion of the employee’s lost wages. Note, however, that the worker cannot make any claims for pain and suffering under workers’ compensation.
Myth #6
Workers’ compensation only covers an injury that takes place at the employee’s job site.
The Truth About Myth #6
Any worker performing a work task during work hours can claim workers’ compensation if they are injured, regardless of where the incident occurs. That includes any injury that happens while the employee is on the job.
If an employee is running business-related errands outside the workplace and is injured, they are eligible for workers’ comp. The same is true when a worker goes out of town or even out of state on business. Many claims involve automobile accidents when a worker is out of the office attending to business.
Myth #7
Remote workers do not qualify for workers’ compensation.
The Truth About Myth #7
Workers injured while working remotely can qualify for workers’ compensation. However, the rules vary from state to state. Generally, if a remote employee was working in a dedicated home office and engaged in work for their employer at the time of the injury, they will be eligible for workers’ comp.
Myth #8
The insurance claims adjuster puts the injured worker’s interest first.
The Truth About Myth #8
A claims adjuster works for the insurance company and answers to the company. Although the adjuster is charged with investigating the incident and deciding whether it qualifies, a worker cannot count on the adjuster to look out for their best interests.
That’s why an injured worker may wish to confer with an experienced workers’ compensation attorney to oversee their claim. A workers’ comp lawyer will investigate the accident, ensure the claim documents are complete and accurate, and ensure the worker receives a fair settlement and the medical care required.
Nurenberg, Paris, Heller & McCarthy Can Help You Pursue Full and Fair Compensation
The Cleveland law firm of Nurenberg, Paris, Heller & McCarthy has experience representing injured Ohio residents in workers’ compensation cases. We believe that every person has the right to work in a safe environment and receive fair compensation for their injuries.
If you have injured yourself while on the job anywhere in the state, our workplace injury lawyers are ready to help you pursue all appropriate benefits. Contact a Cleveland workers’ compensation lawyer at our law firm today.
