Workers' Compensation is a crucial safety net for employees who get injured on the job, but many people have misconceptions that can cost them benefits they are legally entitled to. These misconceptions can result in losing out on thousands of dollars in benefits or missing out on essential medical care. Here, we'll debunk the top ten misconceptions about Workers' Compensation that I hear from injured workers.
Many injured workers mistakenly believe they cannot apply for Workers' Compensation benefits because the injury was their fault. However, Workers' Compensation is a no-fault system, meaning it covers your lost wages, medical expenses, and disability payments regardless of who was at fault. The only exception is if you purposely caused the injury to collect benefits, which is insurance fraud.
Another common mistake is thinking that a new injury to the same body part as an old one doesn't qualify for a new claim. You can injure the same body part multiple times and should file a new claim each time to protect your benefits. Even if it's the same body part, it's better to file a new case and let a judge consolidate it than miss out on benefits by not filing at all.
Workers often hesitate to file for Workers' Compensation benefits because they don't want to sue their boss. However, filing for Workers' Comp is not the same as suing your employer. Workers' Compensation claims are insurance claims, not lawsuits. In fact, Workers' Compensation was created to prevent employees from suing their employers. It provides a way to get benefits quickly without needing to go to court.
Some think they can't get Workers' Compensation benefits if they didn't miss work. But Workers' Compensation also covers medical expenses and permanent disability benefits. You can receive these benefits even if you continued working after the injury. The system is designed to help you with medical bills and compensation for permanent disabilities related to your work injury.
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 believe that filing the proper forms is all they need to do and that hiring a lawyer is unnecessary. However, the Workers' Compensation system and insurance companies can be complex and may try to cheat you out of your benefits. A Workers' Compensation lawyer can navigate the system and negotiate with insurance companies to maximize your benefits. Injured workers who hire a lawyer typically get 30% more in benefits. Plus, you only pay a Workers' Compensation lawyer if they get you more benefits than you would have received on your own.
If you or a loved one has been injured on the job in New York State or elsewhere, consider scheduling a free consultation with an experienced Workers' Compensation lawyer. This could potentially result in thousands more in benefits than you might otherwise receive. For more information, or to set up a consultation, call me, Rex Zachofsky, at 212-406-8989. Your conversation will be confidential and cost you nothing upfront.
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.
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