According to the Bureau of Labor Statistics (BLS), approximately 2.8 million nonfatal workplace injuries and illnesses were reported in private industry in the United States in 2022. This number includes both injuries and illnesses, with injuries accounting for 2.3 million cases and illnesses accounting for 460,700 cases.
San Diego workers’ compensation lawyer Abel Fernandez says that workers’ compensation laws aim to provide financial assistance to workers who suffer any injury while on the job. A worker is entitled to file a workers’ compensation claim, especially if it will require extensive medical care or he will be unable to work during the recovery.
Every employer must have workers’ compensation insurance to cover their workers. If you have been injured while working, here are the common myths about workers’ compensation.
Myth: Workers’ Compensation Covers All Injuries
Contrary to popular belief, workers’ compensation doesn’t cover all injuries that occur in the workplace. While it does provide coverage for most work-related injuries and illnesses, there are limitations to what’s eligible for compensation.
For instance, injuries that happen while someone is under the influence of drugs or alcohol, those that are self-inflicted, or injuries that arise from fights unrelated to work responsibilities might not be included in the coverage.
According to back injury lawyer Mark Connolly, workers’ compensation benefits can only be obtained for injuries that are directly linked to one’s job. You have to report any workplace injury promptly and accurately so you can receive the benefits you need during your recovery.
Myth: Filing a Claim Leads to Job Loss
Filing a workers’ compensation claim doesn’t necessarily lead to job loss. Many employees worry that filing for benefits due to a work-related injury might lead to losing their job or damaging their relationship with their employer. However, it’s important to understand that workers’ compensation laws are in place to protect both workers and employers.
In reality, most employers are prohibited by law from firing or retaliating against an employee for filing a workers’ compensation claim. These laws vary by state, but they generally prevent employers from taking adverse actions solely based on an employee seeking benefits for a workplace injury.
Although there might be rare instances where a worker loses their job after filing a claim, it is against the law for employers to fire employees for pursuing the benefits they deserve. If you find yourself in a situation where you believe you’re being mistreated for filing a claim, seek legal advice promptly to protect your rights.
Myth: Only Full-Time Employees are Covered
If you’re working part-time or on a temporary basis, you may think that workers’ compensation coverage doesn’t apply to you, but that’s actually a common misconception. The truth is that many states require employers to provide workers’ compensation insurance for part-time, temporary, and seasonal employees as well. Whether you work full-time, part-time, or on a temporary basis, you’re likely covered by workers’ compensation if you sustain a work-related injury or illness.
Employers typically have a responsibility to offer workers’ compensation coverage, no matter how many hours an employee puts in. Even if you’re working part-time and putting in fewer hours than full-time employees, you still have the right to receive the same workers’ compensation benefits if you get injured while on the job.
As a part-time or temporary employee, consult with your employer or an employment lawyer if you are uncertain about your eligibility for workers’ compensation benefits so you can clarify your rights and options.
Myth: Pre-Existing Conditions Disqualify Claims
If you have a pre-existing condition, it does not mean you can not file a workers’ compensation claim. If your existing condition was made worse by a work-related injury or the environment at your job, you might still qualify for benefits. Workers’ compensation laws aim to safeguard employees in these circumstances, ensuring they get the essential support and benefits they need when facing a work-related injury, no matter their pre-existing conditions.
Being open and clear about your medical history and how your work-related injury affects your existing condition can really help support your claim and show that your request for workers’ compensation benefits is valid.
Myth: Employees Can Sue Their Employer
Many people mistakenly believe that employees can directly sue their employer for injuries that occur at work. The workers’ compensation system is designed to provide benefits to employees for work-related injuries or illnesses without the need to establish fault.
Typically, employees are unable to take legal action against their employer for extra damages beyond what is covered by workers’ compensation insurance.
The laws regarding workers’ compensation can differ from one state to another. These laws help ensure that employers are shielded from lawsuits by employees regarding injuries that occur in the workplace. When employees accept workers’ compensation benefits, they give up their right to take legal action against their employer.
This system is designed to ensure that employees get the support they need for their injuries or illnesses while also safeguarding employers from expensive legal issues.
Keep in mind that if you think your employer’s deliberate actions led to your injury, you have the option to file a lawsuit outside of the workers’ compensation system. Consult with an employment lawyer to understand your options.
Conclusion
Don’t let these misconceptions about workers’ compensation hold you back. Keep in mind that workers’ compensation is designed to support you if you experience an injury while working.
Don’t hesitate to file a claim if you need to—it won’t necessarily lead to job loss, and pre-existing conditions won’t disqualify you. Understanding your rights is essential for receiving the support you truly need.
