Myths About Workers’ Compensation Claims
If you were recently injured on the job or developed a repetitive stress injury, you might be wondering what your next steps are. Many employees are often afraid of notifying their employer of their injuries or of filing for these important benefits, but it is absolutely critical that you do so. The process might be intimidating, but it is your right to receive these benefits, so take some time to prepare yourself and learn the facts about workers’ compensation claims.
We debunked some of the most common workers’ compensation myths, which should help give you the knowledge you need for the road ahead:
- You are only allowed to file a workers’ compensation claim if the injury you sustained was your employer’s fault: Workers’ compensation cases are not like personal injury lawsuits. It is not required for an employer to act negligently for an employee to receive benefits. Regardless of who might have been at fault for an injury sustained in the workplace, an employer must pay compensation to workers who are injured on the job, so even if you think you were at fault for your injury, do not hesitate to file for the benefits you need.
- My employer will file the necessary forms for me to protect my claim and eligibility for workers’ compensation benefits: Although your employer is required to file a first report of the injury or illness with the state, this form does not protect your rights or eligibility for compensation. This is something you will have to pursue on your own. With the assistance of a workers’ compensation attorney, however, the process can go smoothly.
- Regardless of how you are injured, you are entitled to workers’ compensation: While most injuries sustained at work are covered, no matter whose fault it was, there are some exceptions to this rule. If a worker was injured because he or she was knowingly and willfully negligent, this would be a case in which an employee could be exempt from compensation benefits. For example, if you were intoxicated or using controlled substances and suffered an injury, workers’ compensation would not apply.
- Workers’ compensation claims are often fraudulent: Of course, some employers would rather make it seem as though their workers are straight-up trying to run a scam on them for workers’ compensation benefits, but the truth is that only about one to two percent of workers’ compensation claims are false. Most workers who claim to have suffered an injury at work have a valid and strong case that absolutely warrants workers’ compensation benefits. The workers’ compensation claims process can be complicated, take time, and cause stress, so the fact is that workers who pursue it are truly in need of it.
- Workers’ compensation benefits will cover all costs related to an employee’s injury: There are actually some expenses that are specifically left out of workers’ compensation. For example, unlike personal injury lawsuits, no matter how badly injured a worker is, he or she cannot claim compensation for pain and suffering. Those types of damages are reserved for lawsuits based on negligence rather than on workers’ compensation.
Workers’ Compensation Attorneys in Orange County
If you were injured on the job, you might be eligible for workers’ compensation benefits. At Alvandi Law Group, P.C., we understand that this process can be intimidating, which is why our Orange County legal team is here to provide the fierce legal advocacy you deserve. Backed by over 30 years of experience, you can be confident in our law firm’s ability to represent you.
Contact our office today at (800) 980-6905 to schedule a free consultation with a knowledgeable member of our legal team.