7 Misconceptions About Workers’ Compensation

Per the newest data published by the Department of Labor Americans were injured in the workplace. The current rate of injury for workers full-time employees but reflects a continued decline pattern that has been recorded for the past thirteen years. ​

The expectations that employees have the compensation and support however for their wounds is misaligned with what is provided regarding expense and rehabilitation coverage. We will discuss prevalent misconceptions that employees and employers have to worker’s compensation and injury recovery and re-employment plans.

​7 Misconceptions About Workers’ Compensation

1. Lengthy disability claims may Ultimately be abandoned
Insurance adjusters and claims specialists may periodically “cherry pick” injury claims, placing the complex at the bottom of the stack. An example would be a case of Mesothelioma from asbestos exposure in the workplace, which may take years to resolve. Depending on the severity of certain illnesses, the anticipated success rate of recovery may weigh against an RTW resolution, and claims adjusters may take an attitude toward the case file.

​However, no matter the condition or complexity of the allegation, or improbability of recovery, the longer an individual with an injury is under-employed, the more likely they are to remain that way, which neither benefits the employer nor the injured employee.

2. The employer has minimal involvement
When an employee is injured, the employer is needed to assist with filing the insurance claim for advantages, through the worker’s compensation program. Though, once that process is finished, many employees feel that the employer may have done their due diligence to help; they believe that employers may have no further involvement in their case, once they have begun to receive compensation and expense reimbursement for their injury.

When an employee starts to obtain worker’s compensation benefits, the mission for the employer is just starting. Employers are expected to remain intact with the employee and to be apprised of the progress of treatments and rehabilitative therapies, as they impact the employee’s ability to return to work in a standard capacity, under light duties or a modified arrangement.

​3. Injuries sustained by other employees do not qualify.
Various workers believe that it is simply in cases of employer negligence, that they can qualify for worker’s compensation. That is not the case. Any injury that is sustained through the delivery of regular activities and job-related duties for a full-time employee qualifies for compensation entitlement.​

If any incapacity or sustained injury has occurred that is a direct consequence of a condition, accident, situation or incident experienced at work, the employee has the freedom to file a claim for worker’s compensation. But several cases are accidental, per a leading workers’ compensation lawyer, and do not directly involve employer negligence.

​4. All costs are paid by workers compensation
There is a misconception that in cases of gross negligence, where the employer is apparently at fault for the injury due to omission or error, that the employee can be entitled to extra compensation, considering the severity of injuries. No sliding scale improves Compensation, based on the extent of the level of medical or injury and therapeutic care needed to resolve or rehabilitate the employee.

5, Workers’ compensation permits you to receive your standard rate of pay when you are injured.
The employee can receive short disability amounts of up to two-thirds of his or her average weekly wage after avoiding three days of work. If the worker is off work more than 14 days, the employee then is paid for the first three days of work missed.

6. If you are injured on the job, you are limited to the gains available through Workers’ compensation.
If someone other than your employer is at fault for your injury, you can be eligible for extra benefits including pain and suffering by filing a third-party injury claim against the responsible person or organization.

​7. Workers Compensation insurance is not Needed for Contract Laborers
Imagine if each employer suddenly declared that they were going to operate their businesses using the labor of contract employees only. Wouldn’t the employer save hundreds, to millions of dollars per year in premiums and injury compensation, if each employee was disqualified just by status, from being covered by the worker’s compensation plan?​​There are many benefits to both employees and employers to inspire participation in worker’s compensation programs. By participating in an RTW program, with extra support from the employer, injured workers can be assured that there may be a place for them to return to, once their condition has settled successfully, which prompts a motivated recovery. Employers may also retain experienced and loyal staff, by implementing an effective return to work program.