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Top Myths About Work Injury Lawsuits

Posted by: at 11:08 AM on March 2nd, 2022

Below are some of the most common myths about work injury lawsuits.

You Need To Be Doing Your Job To Have A Claim

It is not a requirement for eligibility for workers’ comp benefits that you are performing a job task at the moment that you are injured. Instead, the eligibility test for workers’ comp benefits merely asks whether you were injured in the course and scope of your employment.

You Need To Be In The Workplace To Have A Claim

You don’t actually have to be at your employer’s place of business at the time of your injury to be eligible for workers’ compensation. Again, it is enough that you are injured in the course and scope of your employment. Many workers’ comp claims arise from motor vehicle accidents that occur while a worker is driving to another location as part of their job duties, such as driving to another office or to visit with a client.

You Can Only File A Workers’ Comp Claim

While workers’ comp is typically your only legal claim against your employer for a work injury, if your injury is caused by a third party’s negligence, recklessness, or intentional actions, or other legal fault, you may be entitled to pursue a personal injury claim against that third party in addition to your workers’ comp claim.

Your Employer Will Provide You With All The Benefit You Are Entitled To

Most employers are required to obtain workers’ compensation insurance from an insurance company. This insurer is the entity that will pay your workers’ comp benefits, and it is in their business interest to minimize the amount of money and benefits they have to pay to you. Unfortunately, you will likely be your own best advocate for getting the maximum amount of benefits you are entitled to under the workers’ compensation law.

Your Employer Can Fire You After You’ve Filed A Workers’ Comp Claim

It is illegal to terminate an employee simply because they exercised their right to file for workers’ compensation benefits, or to otherwise discriminate against an employee who is disabled due to a work injury. While you cannot be retaliated against for seeking workers’ comp, filing a claim for benefits does not entitle you to keep your job. Your employer may still terminate you for cause for reasons that occurred prior to your work injury, or can let you go if you will not be able to perform the essential functions of your job after achieving maximum recovery (even with reasonable accommodation).

Hiring A Workers’ Comp Attorney Doesn’t Make Financial Sense

You’ll likely be fighting with insurance companies and others for the proper compensation related to your injury.  They are experts in assuring you get as little as possible. That’s why you should have an experienced attorney on your side.  In most cases, having an attorney to handle your claim will result in you getting significantly more compensation than an insurance company would typically offer.

Workers’ Comp Benefits Provide Full Compensation After A Work Injury

Workers’ comp only provides certain defined benefits, and does not cover all the losses you might incur from a work-related injury or illness. For example, you will only receive a partial replacement of the wages or income you miss out on due to being out of work during your recovery. You also won’t receive compensation for pain and suffering, scarring or disfigurement, or lost quality or enjoyment of life due to a work injury or illness.

Workers’ Comp Only Covers Injuries From Accidents

Workers’ compensation benefits are not limited to traumatic accident injuries. Instead, you can pursue compensation for repetitive stress/strain injuries, overexertion injuries, and mental stress/emotional distress injuries. However, proving compensability for these claims is often more difficult that an injury suffered in an accident at work.

Workers’ Comp Entitles You To Benefits For A Specific Period

While the workers’ compensation system places a time-based cap on how long you can receive workers’ compensation benefits, there is no guarantee for how long you might receive benefits (before you hit that cap). Typically, medical benefits and temporary disability benefits continue until you reach maximum medical improvement, with any subsequent permanent disability benefits defined by state workers’ compensation regulations.

A workplace injury can be devastating, particularly if it prevents you from returning to work for an extended period of time. If you or a loved one are injured in a workplace accident, contact our offices.  We have over 40 years of experience in  getting our clients the justice, compensation and care they deserve.  Call us for a free review of your matter!