Workers’ compensation is designed to protect employees who are injured on the job. If you’ve been injured at work, you may feel overwhelmed by the process or unsure of your rights. Unfortunately, misconceptions about workers’ compensation can discourage employees from seeking the benefits they deserve.
To help you better understand, we’re addressing the most common myths about workers’ compensation claims and setting the record straight.
Myth #1: You Can Only File a Workers’ Compensation Claim for Major Injuries
Reality: Workers’ compensation covers a wide range of injuries, from minor sprains to severe accidents, as long as they occur in the workplace or while performing job-related duties. Injuries like repetitive stress injuries (e.g., carpal tunnel), falls, and exposure to harmful substances all qualify.
If your injury impacts your ability to work or requires medical attention, you are entitled to file a claim, regardless of how "minor" it may seem. Ignoring small injuries can lead to long-term complications, so acting early is vital.
Myth #2: If the Injury Was My Fault, I’m Not Eligible for Benefits
Reality: Workers’ compensation is a no-fault system. This means you're entitled to benefits regardless of who caused the accident, as long as the injury occurred during the scope of your employment.
The only exceptions might involve injuries sustained due to intentional misconduct, drug or alcohol use, or activities outside the scope of work. For most injuries, however, fault is not an issue when filing your claim.
Myth #3: Filing a Claim Will Get Me Fired
Reality: It’s illegal for employers to retaliate against employees for filing a workers’ compensation claim. Federal and state laws, including those enforced in Missouri, protect you from termination or other forms of retaliation.
If you feel your employer has retaliated against you, seeking legal assistance is crucial. An experienced workers’ compensation attorney can help protect your rights and hold your employer accountable.
Myth #4: My Employer Handles the Claim, so I Don’t Need to Do Anything
Reality: While your employer is required to report the injury to their workers’ compensation insurance provider, you are responsible for several critical steps in the process.
- Notify Your Employer Immediately: Failing to report your injury promptly could jeopardize your claim.
- Seek Medical Care: Obtain treatment from an authorized medical provider. Keep records of all medical appointments and diagnostic tests.
- File the Claim: While your employer reports the injury, you must ensure the claim is actively pursued and follow up as needed.
Advocating for yourself and staying actively involved in your case will improve your chances of a successful outcome.
Myth #5: Workers’ Compensation Benefits Cover All My Losses
Reality: While workers’ compensation provides important benefits, it doesn’t cover everything. Typical benefits include medical treatment, temporary disability pay, and partial payments for permanent disability. However, it does not cover non-economic damages like pain and suffering or emotional distress.
If you believe your case involves additional factors, such as employer negligence, you may be able to file a separate personal injury lawsuit. Discuss this with a trusted attorney to explore all of your options.
Myth #6: I Don’t Need Legal Help for a Workers’ Compensation Claim
Reality: While some claims seem straightforward, legal assistance can significantly benefit your case. Employers and their insurance providers may dispute your claim, minimize the severity of your injury, or deny benefits outright. Navigating these challenges on your own can be daunting.
An experienced workers’ compensation attorney will help you avoid pitfalls, guide you through the process, and advocate for your best interests. With professional help, you can focus on your recovery without the stress of managing legal complexities.
Don’t Believe the Myths – Know Your Rights
Workers’ compensation benefits are your right as an employee. Myths and misinformation shouldn’t hold you back from pursuing the support and resources you need after a workplace injury.
If you’re feeling overwhelmed or unsure of where to start, Henry, Williams & Kinder, P.C. is here to help. With decades of experience handling workers’ compensation cases in Missouri, our team is committed to helping injured workers receive the benefits they deserve.
Reach out for a free consultation today at (800) 526-1949. Take the first step of the claims process and ensure your recovery now.
