3 Common Misconceptions About Workers’ Compensation … And 3 Things You Should Know

May 24, 2022

Workplace injuries are still surprisingly common, and it’s possible for the affected parties to claim compensation if they suffer this disruptive scenario in their own careers.

In spite of this, it’s also an area that few people understand adequately, which can lead to misconceptions and mistakes that will hurt your chances of claiming the payout you deserve.

To address this, here are the main fallacies encountered and the truth behind each which will put you in a better position should you need to seek compensation yourself.

Myth – Making a claim will lose you your job

Plenty of people wrongly believe that they shouldn’t bother filing a claim for compensation for a workplace-related incident or issue because this will put them on thin ice with their employer.

The reality is that there are laws in place specifically to prevent people from being fired just because they choose to leverage worker’s compensation.

Reality – Hiring a lawyer to help you win your worker’s compensation claim

Getting the help and guidance of a worker’s compensation lawyer, like those at firms including Finkelstein & Partners, is eminently sensible.

An experienced attorney will bring you up to date with your rights, as well as the protections that you can use to your advantage. It will also prevent an unscrupulous employer from pressuring you into keeping quiet about an injury or illness under threat of termination, as well as dispelling other misconceptions you may hold or be told about by well-meaning colleagues.

Myth – Your employer is on your side

It’s a tough pill to swallow, but it’s also true; your employer’s involvement in processing and paying out a worker’s compensation claim will be limited, and businesses don’t have much incentive to go above and beyond the basic requirements that they are legally bound to meet in this context.

Put simply, don’t rely on your employer to do right by you. It’ll be an insurer that pays out any claim anyway, and it’s up to you to make sure that you get the benefits that you are due.

Reality – Going it alone is a bad idea

Just because you have to be somewhat self-reliant when making a worker’s compensation claim, that doesn’t mean you need to face the uphill struggle of seeking a payout alone. As mentioned, having an attorney to back you up and help you sidestep common pitfalls is essential.

Myth – Legal costs will outweigh the compensation payout

Another aspect of the process which can make some people reluctant to file a claim for compensation is that working with attorneys always costs money, and there’s the assumption that the fees charged by a lawyer will eclipse the amount paid out if your claim is successful.

Reality – Fees are regulated and controlled

Making a worker’s compensation claim is one of the few scenarios in which legal costs don’t need to be worried about as the plaintiff. This is because once again there are laws which are intended to aid the little guy in his fight against big business, and in this instance will mean that attorneys’ fees are limited and must be outlined upfront.

In essence, an attorney will only take your case if they are confident they can win it, and when your compensation package is put together, the legal fees will be part and parcel of this, rather than scaling indefinitely.

Wrapping up

Even after all this, you could still be daunted by the prospect of making a worker’s compensation claim. There’s no denying that the road ahead may be long and tough, but with the right assistance you can get the result you desire.

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