Let's debunk some of the most common myths about workers’ comp, give you the facts, and help you feel more confident about what to do if you ever need to file a claim.
Workers’ comp is a no-fault system, which means it doesn’t matter who caused the accident—you’re still covered in most cases. For instance, if you’re a construction worker and you fall off a ladder, even if you set it up wrong, you can still file for benefits.
There are a few exceptions, like if you knowingly broke safety rules or were doing something reckless, but those situations are rare. For the vast majority of workers, fault doesn’t come into play.
This misunderstanding can make employees hesitate when filing Workers' Comp claims, especially if they’ve worked with their boss for years or are part of a family-run business.
Here’s the truth: filing for workers’ comp isn’t a lawsuit. It’s just a claim for insurance benefits that your employer is legally required to provide. This insurance exists to protect both you and your employer—if you’re hurt, it covers your medical bills and lost wages, and it prevents you from needing to take legal action. The whole system is set up to avoid lawsuits by making the process simple and straightforward.
When you file a claim, you’re not going after your employer personally or putting their business at risk. The claim is handled by their insurance company, not out of their own pocket. The biggest effect they might feel is a bump in their insurance premiums, and that’s something they agreed to when they bought the policy. So, if you’re hurt, don’t let guilt or worry stop you from getting the help you need—filing for workers’ comp is what the system is there for.
This one is a common misconception. You might think, “Well, I hurt my back a few years ago, so this new injury must just be part of that.” But that’s not how it works.
Workers’ comp claims are handled one incident at a time. Each injury, even to the same body part, is treated as a separate case. So, if you hurt your knee on the job in 2015 and then injure it again in 2023, that’s a brand-new claim. It doesn’t matter if it’s the exact same knee—each incident is handled independently.
Filing a new claim is actually better for you. Workers’ comp benefits are based on your average weekly wage at the time of the injury. Since wages tend to go up over time due to raises or promotions, a new claim could mean a bigger payout compared to relying on an older case. So, don’t just assume your new injury is part of an old claim—treat it as its own case to make sure you get the full benefits you’re entitled to.
The truth? You don’t have to miss a single day of work to qualify for workers’ comp.
Workers’ comp isn’t just about covering lost wages—it also pays for your medical treatment and, in some cases, compensates you for permanent injuries. Let’s say you break your arm but head back to work the next day. You can still file a claim and get compensation. In fact, for certain injuries (like ones to arms, legs, hands, or feet), staying at work might actually mean more money in your pocket compared to taking time off.
So, if you’re hurt on the job, don’t assume you’re not eligible just because you didn’t miss work. Workers’ comp is there to help, whether you’re out for months or back the next day.
Workers’ comp checks are usually smaller than your regular paycheck, but here’s the good news: they’re tax-free. That means you get to keep the whole amount, which can bring your take-home pay closer to what you’re used to than you might expect.
Here’s how it works: workers’ comp usually pays up to two-thirds of your gross average weekly wage. They base this on what you earned in the year before your injury, including overtime and bonuses. Sure, two-thirds might sound like a big cut, but because the money isn’t taxed, it often evens out. For a lot of people, the tax-free part makes a big difference and helps cover the gap.
While it’s great to think your employer has your back, relying on a handshake or promise instead of filing a workers’ comp claim can leave you unprotected.
Here’s the issue: Even the most well-meaning bosses can only do so much. They might cover your paycheck for a week or two or offer to help with a hospital bill, but what happens if your recovery drags on, your medical costs pile up, or you need ongoing treatment? Without filing an official claim, you’re not covered by the legal protections and benefits that workers’ comp provides.
Don’t leave your future to chance. Workers’ comp exists to make sure you get the support you need without depending on promises alone.
Even if your job isn’t officially on paper, you still have the right to file a workers’ comp claim.
The law is simple: if you get injured on the job, it doesn’t matter how you’re paid—you’re still entitled to benefits. So don’t let the way you get paid stop you from getting the help you deserve.
On the surface, this myth might seem to make sense, but it’s not always true. Depending on the situation, workers’ comp can cover injuries that happen outside the office or job site. So, if you’re on the clock or doing something related to your job, don’t assume you’re out of luck just because the injury didn’t happen at your main workplace.
A big reason people hesitate to file a workers’ comp claim is the fear that their boss might retaliate—like firing them, demoting them, or skipping them for future opportunities. It’s a common worry, and it makes sense to feel that way. But here’s the thing: retaliation is against the law.
You have the right to file a claim without fear of losing your job or being treated unfairly. Knowing this can make it easier to take the step to get the benefits you deserve.
For a long time, people thought workers’ comp only covered physical injuries—and for years, that was actually true. Things like stress, anxiety, or trauma didn’t count unless they caused physical problems, like ulcers or high blood pressure. Thankfully, that’s changed in most states, including New York.
Getting your workers’ comp claim denied can feel like a dead end—but it’s not. A denial isn’t the final say. You have every right to appeal the decision and keep fighting for the benefits you’re entitled to.
Workers’ comp can be confusing and overwhelming, but you don’t have to deal with it on your own. Whether you’re recovering from an injury, dealing with a denied claim, or just trying to figure out your rights, I’m here to help. Give me, Rex Zachofsky, a call at 212-406-8989, and let’s talk about your situation. No pressure—we’ll figure out what works best for you.
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