If you’ve been injured at work, you might be wondering how workers’ compensation benefits work. Do your injuries qualify? How do you apply? You’re likely worried about keeping your job or possible retaliation from your employer as well. Although the process for workers’ compensation can be complicated and intimidating at times, you’ll be better equipped to face these challenges if you’re armed with the facts. Below, we break down some of the widely spread myths regarding workers’ compensation benefits.
Myth #1: You Can Only File a Claim if the Injury Was Your Employer’s Fault
A workers’ comp claim is not the same thing as a personal injury claim. Fault or negligence is not an issue in these kinds of cases. An employer must compensate workers injured on the job, even if the employer is not at fault for their injury.
Myth #2: All Types of Injuries Are Covered by Workers’ Comp
Although workers comp covers a wide range of injuries sustained on the job, certain injuries are excluded from coverage. Injuries suffered through a worker’s willful negligence might not be covered under workers’ comp. For example, injuries sustained by a worker on a controlled substance might be exempt from compensation benefits. Workers’ comp can also be denied if your injury is not directly linked to your work.
Myth #3: Workers’ Comp Will Cover All My Injury Costs
Compensation benefits might not be enough to cover all expenses related to your injury. For example, pain and suffering is not covered under workers’ comp. Instead, these types of damages can be obtained through personal injury lawsuits based on negligence.
Myth #4: Most Claims Are Fraudulent
In actuality, only about 1% to 2% of workers’ comp claims turn out to be false. Many employers will make it seem like their workers are trying to scam them, however, the majority of workers’ comp claims are for legitimate, work-related injuries.
If you’ve been injured at work, you should immediately speak with an attorney. At the Law Offices of Andrew B. Shin, we are dedicated to helping injured workers get the benefits they need to recover. We have served injured workers throughout Northern California for more than 25 years.
Contact our San Jose workers' compensation lawyer, or call (408) 709-7317 for your free consultation.