Myths About Workers’ Compensation

Maybe you have recently been injured in a workplace accident, or perhaps you’ve been exposed to toxic chemicals while at work, or your condition could even be the result of an employment-related illness, like carpal tunnel syndrome. In any of these situations, you may be eligible to qualify for workers’ compensation benefits. The first step to getting the help you’ll need during this time is to understand how the system actually works and disregard the myths.

Workers’ compensation insurance is required by law; every employer has to have it.  We’ll review a few common myths that people share about workers’ compensation benefits:

Myth #1: You won’t receive enough compensation to justify filing a workers’ comp claim. Contrary to this popular myth, workers’ compensation insurance will pay for 100% of all approved health care, with no co-payments or deductibles. In addition, worker’s comp insurance will pay disability benefits, which are generally two-thirds of your pre-injury income, subject to a cap, but no taxes are held out.

Myth #2: If your employer says that you’re an independent contractor, then you won’t be eligible for benefits. If you actually are an independent contractor according to the Court, then this would be true, but if your employer just gave you that title and you are paid as a full-time or part-time worker, then you would not necessarily be disqualified from receiving benefits. Simply speaking, if your employer controls the work, hours, salary, tools and other important aspects of your job, then you are probably NOT considered an independent contractor.

Myth #3: If your company doesn’t have workers’ comp insurance, then you’re out of luck.This is not true at all! An employer can be reported to the State for the failure to carry worker’s comp. Insurance.  If you have been injured on the job and your company does not have workers’ compensation insurance coverage, then you can still pursue a claim against the employer to pay for your medical care and benefits.  

Myth #4: Undocumented workers or illegal aliens are not eligible for workers’ comp benefits. In most situations, this is not the case. Even if you aren’t yet a legal resident of the United States, you should still qualify for workers’ compensation benefits.

Myth #5: If your claim has been denied, then you can forget about receiving benefits. This is definitely not always true. If your claim has been denied, then you may still be able to file a lawsuit against your employer at the appropriate Office of Workers’ Compensation. Our experienced workers’ compensation lawyers are skilled in these types of cases and can represent you and assist with this difficult process.

Don’t let your belief in those workers’ compensation myths cost you any time or money. Learn the facts about workers’ compensation insurance, and if you have questions about what you’re entitled to recover, then please contact us. We can provide a free consultation to help you understand how your case will work and what you will need to do in order to receive the benefits you deserve. Call Fischer & Procell today to get the help you need.