Regardless of your prior experience with workers’ compensation, there’s a lot you can overlook regarding the requirements and what’s allowed. In any case, navigating workers’ comp can be intimidating, and it’s easy to develop some misperceptions about the process. Having representation from a local work injury attorney can remove some of the uncertainty and stress.
Even with a lawyer on your side, having some false notions about workers’ comp can interfere with your pursuit of fair reimbursement. Here are the most common myths about workers’ compensation, including the process and eligibility requirements.
Only Injuries Occurring at My Place of Employment are Covered
As long as you are performing your job duties during working hours and your tasks are within the scope of your work, you can file a claim, regardless of where you got hurt. For example, if you’re driving a company truck on your way to see a customer and another driver collides with you, you’re still covered. Remember that commuting to and from work doesn’t qualify if it occurs outside of working hours.
I Risk Losing My Job If I File for Workers’ Compensation
Getting compensation for a work-related injury is your right. More importantly, it’s illegal for a company to terminate or discriminate against you if you file for workers’ compensation. On the other hand, filing a claim doesn’t protect your employment status, but it should never jeopardize your job.
My Health Insurance Will Usually Cover My Work-Related Injury
The existence of workers’ comp means that private insurers aren’t legally required to cover workplace injuries. However, if you file for workers’ comp and are denied, you may be able to get reimbursement from a private insurance company. Such instances are uncommon, so it’s best to consult a lawyer if this should happen to you.
My Employer Is the One Who Accepts or Rejects My Claim
Although your employer is responsible for paying workers’ comp insurance premiums, they do not decide to accept your claim or pay out benefits. The money comes from the insurer. For this reason, an insurance adjustor—not your boss—investigates your injury claim.
I Can Bring a Personal Injury Claim Against My Employer
Workers’ compensation is often called the “grand bargain” because workers give up their right to sue their employers with the understanding that they get no-fault insurance coverage for job-related injuries. This compromise means that if your employer has workers’ comp insurance and is current on their premium payments, you can’t sue them.
It’s usually the more beneficial route to seek reimbursement from workers’ comp. However, the law allows you to pursue a personal injury claim if your employer has failed to maintain coverage or if you can prove they intentionally hurt you.
Even If My Claim Is Accepted, It’ll Be a While Before I See Any Benefits
When you are injured and start missing work, the wait time to see any benefits is shorter than you might fear. The waiting period may vary by state and claim. For instance, Ohio residents may have to wait up to 28 days for a decision after filing a claim.
Generally, the process is designed to minimize the wait as much as possible. This is because workers’ comp aims to help employees meet their financial obligations while they’re in recovery and waiting to return to work.
It’s Too Expensive to Hire a Workers’ Comp Attorney in Cincinnati
Getting qualified legal representation may appear out of reach for some individuals. Because hiring a lawyer can be cost-prohibitive for many hardworking people, many workers’ comp attorneys work on a contingent basis, which means they won’t collect payment unless you win your case. Because you could get more compensation with a lawyer than you might on your own, you really can’t afford not to get legal help.
An attorney with Clements, Taylor, Butkovich & Cohen LPA, Co., can make it easier to figure out what’s true and false about workers’ compensation. In addition to answering all your questions, your lawyer will file all the necessary forms and ensure you have the strongest case. They’ll also guide you through the appeal process if your claim gets denied.