Workers’ compensation can be a confusing and complicated process, so it’s not uncommon for myths and half-truths to spread like wildfire among those not familiar with the industry. The problem is that some of these rumors and myths can actually serve to hurt your case, so we want to do our part to dispel any misconceptions that might be floating around. Today, we shine a light on five common myths about the workers’ compensation process.
Five Misconceptions About Work Comp in Minnesota
Here are some misconceptions and myths we’ve heard from clients during the course of helping with their claim.
1. “I was at fault, so I can’t file a claim” – It doesn’t matter if you were the direct cause of your accident, you can still file for workers’ compensation. As long as you didn’t intentionally injure yourself, you are entitled to workers’ compensation. Don’t be embarrassed or let your employer tell you differently. Even if you caused your work injury, you’re still entitled to benefits.
2. “I don’t want to file because I’ll get fired or have my hours cut” – You’d be amazed at how many people tell us they are reluctant to file because they fear repercussions from management. It is against the law for an employer to retaliate against an employee who files an injury suit, so if you’ve been threatened not to file or you believe your boss is intentionally decreasing your hours because you filed a claim, bring it up to your lawyer, because you may have an additional lawsuit on your hands.
3. “My lawyer just wants me to settle for a quick payday” – Unlike most lawyers who work on an hourly basis, the great thing about workers’ compensation lawyers is that they typically only get paid if they win your case. They get a percentage of your winnings, which means the more money they get you, the more they get for themselves. Rarely are interests so aligned. Yes, your lawyer will get paid if you take a settlement, but they will inherently act in your best interests, because they get paid more when they get you the biggest payday possible.
4. “I’ll file my claim once I’m recovered” – Your health is the number one priority after a work injury, but that doesn’t mean your claim can sit on the back burner until you’re fully healed. There are time constraints and deadlines that must be met, so don’t delay filing your claim. Many people find it easiest to hire a lawyer to take care of the claim process, which allows them to focus on healing.
5. “I just aggravated a pre-existing condition, so I can’t file a claim” – Finally, a lot of workers believe that if they aggravate a pre-existing injury that originally wasn’t work related, but the aggravation occurred at work, that they can’t file for compensation. Even if you have a pre-existing condition, you’re still entitled to workers’ compensation if the injury was made worse during the course of your employment.
If you have your own questions, or you’d like to talk to a workers’ compensation lawyer about your options, reach out to Hey Workers today.
