Workers’ comp is meant to be a safety net for folks who get hurt on the job—but there are a lot of myths out there that can end up costing you big time. I’ve seen people miss out on thousands in benefits or skip the medical care they really need just because they believed the wrong info.
So let’s clear things up. Here are the top 10 workers’ comp misconceptions I hear all the time from injured workers—and the truth behind them.
Many injured workers think they can’t file for workers’ comp because the accident was their fault—but that’s just not true. Workers’ comp is a no-fault system, which means it doesn’t matter who caused the injury. You’re still entitled to things like lost wages, medical bills, and disability payments.
The only time you’d be denied is if you hurt yourself on purpose just to collect benefits—and that’s considered insurance fraud. Otherwise, you’re covered.
A lot of people think that if they hurt the same body part they injured before, they can’t file a new claim—but that’s not true. You can injure the same area more than once, and each time, you should file a new claim to make sure your benefits are protected.
Even if it’s the same body part, it’s better to file again and let a judge decide whether to combine the cases than to skip it and risk losing out on the help you’re entitled to.
Too many workers hold off on filing for workers’ comp because they think it means they’re suing their boss—but that’s not how it works. Filing a workers’ comp claim isn’t a lawsuit—it’s an insurance claim.
The whole point of workers’ comp is to avoid lawsuits. It was set up to help injured workers get benefits like lost wages and medical care without having to take their employer to court. So don’t stress—filing a claim doesn’t mean you’re suing anyone.
Some people think they don’t qualify for workers’ comp if they didn’t miss any work—but that’s not true. Workers’ comp isn’t just about lost wages. It also covers your medical bills and any permanent disability from the injury.
So even if you kept working after getting hurt, you could still get help with treatment costs and compensation for long-term issues caused by the injury. That’s what the system’s there for.
Many workers believe that Workers' Compensation benefits are taxed and therefore not worth it. In reality, Workers' Compensation benefits are tax-free. While you might receive less than your regular salary, you get two-thirds of your gross earnings tax-free, which can be close to your typical take-home pay.
Relying on your boss to cover your injury expenses can be risky. Your boss might help initially, but if they decide they've done enough and you haven't filed a claim on time, you could be left without any options. Always file your Workers' Compensation claim to ensure you're covered, even if your boss is helping out initially.
Even if you work off the books, you're still entitled to Workers' Compensation benefits in New York State. This applies to part-time and seasonal workers as well as undocumented immigrants. You don't need to be a full-time employee to qualify for benefits if you're injured on the job.
You can still file for Workers' Compensation if you're injured while not physically at your workplace, as long as you were doing something work-related at the time. I've represented clients injured in various locations, including other states and even in the skies. The location doesn't matter as long as the activity was work-related.
A denied claim doesn't mean the end of your case. Insurance companies often deny valid claims hoping you'll give up. In fact, 47% of people who eventually settle their Workers' Compensation cases initially had their claims denied. If your claim is denied, request a hearing with a judge. Sometimes, just threatening to do so is enough to get your claim approved or settled.
Some folks think that just filling out the right forms is all it takes—and that they don’t need a lawyer. But the truth is, the workers’ comp system can get complicated fast, and insurance companies aren’t exactly eager to pay out what you really deserve. They’ll look for any excuse to cut your benefits short.
That’s where a workers’ comp lawyer comes in. A good lawyer knows how to deal with the system, push back on the insurance company, and fight to get you the most money possible. In fact, injured workers who hire a lawyer usually get about 30% more in benefits. And here’s the best part—you only pay a workers’ comp lawyer if they actually get you more than you would’ve gotten on your own.
If you or someone you care about got hurt on the job in New York (or anywhere else), it’s worth setting up a free consultation with an experienced lawyer. It could mean thousands more in benefits.
Want to talk it through? Give me, Rex Zachofsky, a call at 212-406-8989. It’s free to chat, totally confidential, and you’ve got nothing to lose.
And if you're considering settling your case, check out my video "Eight Secrets to Winning a Big Workers' Compensation Settlement" for powerful insights that can significantly increase your settlement.
