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6 Workers’ compensation myths

Some of these misunderstandings prevent injured workers from reaping the benefits they need to get back on their feet. Here are just a few of them.

My employer will be upset with me

Workers’ compensation is a type of insurance that companies buy in order to protect themselves from being sued if an employee gets hurt on the job. In filing for workers’ compensation, you will not harm the company or your reputation there.

Instead, you’ll simply be taking advantage of a system that was put in place to benefit both you and your employer.

I can’t get compensation if the accident was my fault

In workers’ compensation cases, it doesn’t matter if the company, a co-worker or you were at fault for the accident. In paying for the insurance, employers take fault completely out of the equation. This prevents employees and employers from disputing over how an accident happened and who should pay for it.

I should wait to see if the injury is bad before saying anything

After receiving an injury at work, you should alert your employer of the incident as soon as possible. In New York, you have up to 30 days to tell your employer about your injury. Past this time-frame, you will no longer be eligible for workers’ compensation benefits.

I’ll need to see a special doctor

In some states, employees who file for workers’ compensation are required to see certain approved workers’ compensation doctors to back up their claim. In New York, however, workers have a choice in the care provider they want to examine the injury.

However, you may only get the opinion of a secondary physician if the initial care provider transfers you to another physician or the initial care provider is not authorized to treat your condition.

The initial settlement offer is all I can get

If upon reviewing your claim, you are offered a settlement that doesn’t seem to be enough to compensate for the costs of the injury, you don’t have to take it. By using the help of an attorney, you can negotiation or dispute the initial offer.

My claim will be approved if I explain what happened

Unfortunately, legitimate claims may be rejected by workers compensation insurance companies in order to avoid doling out the expenses your injuries warrants.

By speaking with an experienced Workers' Compensation attorney, you can help with obtaining evidence and proving your case through expert negotiation tactics at a hearing.

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