The Law Office of Robert B. Dunlap
3 Myths About Workers’ Compensation
If you have suffered a work-related injury, you are likely aware of what workers’ compensation is. Although you might think you know what to expect from the overall process, there are a lot of widespread myths that you might not be aware of that can affect your claim for benefits. In this blog, we break down 3 common workers’ comp myths to help you ensure that you are not caught off guard when filing your claim.
Myth #1: All Injuries Are Covered Under Workers’ Comp
While it’s true that many injuries are covered under workers’ comp insurance, there are specific injuries that can be excluded. Injuries that were caused because of a worker’s willful negligence are not necessarily covered by workers’ comp. Injuries that are the result of a worker being intoxicated or under the influence of a controlled substance are not covered. You also can’t collect benefits for an injury that is not directly linked to your job.
Myth #2: Workers’ Comp Covers All of My Expenses
Unfortunately, there are specific expenses that are excluded under workers’ compensation law. For example, you can’t make a claim for pain and suffering that is related to your injury. Instead, these kinds of damages are reserved for personal injury lawsuits.
Myth #3: You Can Only File If Your Employer Is at Fault
Because workers’ compensation claims are not the same as a personal injury lawsuit, the negligence of your employer shouldn’t impact your eligibility. Employers must pay compensation to workers who are awarded workers’ comp benefits. This is also true for workers who injured themselves but were not under the influence of drugs or alcohol.