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3 Myths About Worker's Compensation

Unless you or someone you know has been injured, you might not know too much about the subject of workers’ compensation. Many people are unfamiliar with it and have misconceptions about various aspects of what it is and how it can help. Here are the 3 most common myths people have about workers’ compensation.

Myth #1: You Can Only File If the Injury Was the Employer’s Fault

This myth is probably the most dangerous because it can prevent a worker from even filing for benefits he or she is entitled to. Workers’ compensation isn’t the same as a personal injury lawsuit, meaning no one needs to be negligent to be able to make a claim. Even if all safety protocols are met and you were cautious in your job, accidents can still occur. An employer still must pay compensation to workers who were injured on the job regardless of fault.

Myth #2: No Matter How a Worker Is Injured, He or She Is Entitled to Compensation

Here is where it gets tricky. While the employer doesn’t have to be liable for the accident, the worker does have some responsibility in these claims. If an employee is deliberately negligent when doing his or her job, such as drinking alcohol on duty, any injury sustained from that behavior will likely not be covered. Additionally, if an injury is unrelated to the job, workers’ compensation may not apply.

Myth #3: Workers’ Compensation Covers All Costs Related to Your Injury

Because workers’ compensation cases are not personal injury cases, you can’t claim pain and suffering compensation. Pain and suffering is something you can claim with lawsuits based on negligence, but workers’ comp only covers medical treatments, lost wages during your recovery, and potentially short- or long-term disability.

If you were injured on the job and need help filing a claim or appealing a denied claim, we can help. Our experienced Orange County workers’ compensation attorneys are dedicated to helping injured workers get the compensation to which they are entitled. Humphrey & Associates has recovered more than $400 million in verdicts and settlements for our clients. Let us see what we can do for you.

Contact us at (844) 612-5800 or fill out our online form to schedule your free, private case consultation today. We look forward to speaking with you.