Debunking Work Comp. Myths

Legal issues are often confusing, filled with hard language, and can cause one of the most stressful times in your life. That is why it is important to understand fact vs. fiction when dealing with a legal claim, especially ones related to Workers’ Compensation. You may run a quick google search only to be bombarded with answers from all sides of the spectrum and this may lead you to misunderstand what a Work Comp. claim really means for you.

So today I have decided to debunk some common myths for you!

First, it is important to remember that, “In the state of Florida, workers’ compensation is a no-fault system. What this means is that it doesn’t matter what or who caused the accident and injuries, you will be able to file a claim. The most important detail is if the situation occurred while you were working. If you suffered the injury while you were doing anything that fell under the umbrella of your employment, you may have the right to claim workers’ compensation benefits.”

1.) Myth: Filing for Workers’ Comp. Means You will be Fired

- Reality = Employees have a LEGAL right to file for Workers’ Comp. It is illegal for employers to fire employees for using this right. Now, your job may ultimately be terminated due to your inability to work, or permanent injury, but filing Workers’ Comp. does not mean you will then be fired on the spot.

2.) Myth: Filing for Workers’ Comp. Covers ALL Work Injury Losses

- Reality = Most states provide coverage for all or a portion of your medical expenses as well as adjustments for lost wages.

- What it doesn’t cover are those losses that could be recovered by filing a personal injury claim (ie. Emotional trauma, pain, suffering, etc.)

3.) Myth: Your Employer Will Handle Your Claim Paperwork

- Reality = It is true that your employer files a report about your injury with the state. However, they are not required, nor do they usually complete the paperwork necessary to ensure you receive the benefits that you are entitled to as a result of your injury.

- You will need to work with your attorney to address this paperwork, as well as any questions or confusion you may have about filing the paperwork and the benefits that you will get.

4.) Myth: Only Large Businesses Need Workers’ Compensation Insurance

- Reality = Small or large, it is always best for your business to have some form of Workers’ Comp. insurance. In Florida, depending on the type of business you have, you may be mandated to obtain and hold Work Comp. insurance regardless of the size of your business.

5.) Myth: You Don’t Need a Lawyer to File for Workers’ Compensation

- Reality = It is ALWAYS in your best interest to hire a lawyer to help you navigate the complicated field of Workers’ Compensation. This ensures that you obtain all of the benefits that you are entitled to as well as aid in your recovery and claim to move smoothly and efficiently.

I hope this blog has helped sort out what is true and what is false when it comes to the world of Workers’ Compensation. Remember, not everything on the internet is true and it is ALWAYS best to consult your attorney if you have any confusion or additional questions regarding your case.

**The content, thoughts, and facts in this blog are meant to be informational only and do not constitute legal advice of any form. Should you have any further questions regarding Workers’ Compensation, please fill out our contact form to schedule your free consultation with Marcie Baker.

Sources: https://workinjurysource.com/7-myths-about-workers-compensation/

https://www.harrylevineinsurance.com/myths-florida-workers-compensation-insurance/

https://www.injurytrialattorneys.com/the-most-common-myths-about-workers-compensation-in-florida/