Common Myths About Workers’ Comp Busted

Many people in Carbon County do not understand how the workers’ compensation system in the state works. As such, when they become hurt at work, they are unsure about what to do next and the rights they have to workers’ comp benefits. The fact that there are so many myths floating around about workers’ compensation does not help clear things up for injured employees. Below, our Carbon County workers’ compensation lawyer outlines some of the most common myths, and the truth behind them.

Only Severe Injuries Qualify for Benefits

 When many people think of workers’ compensation benefits, they think it is only available for catastrophic and obvious injuries, such as serious burns or broken bones. However, workers’ compensation benefits are available for other injuries that may be subtle, as well. For example, employees can receive benefits for repetitive stress injuries that happen over a long period of time, such as carpal tunnel, or illnesses caused by occupational exposure to hazardous materials.

Your Employer Can Terminate You for Filing a Claim 

Employees sometimes forfeit their rights to workers’ compensation because they believe their employer will fire them for filing a claim. Under state law in Pennsylvania, employers are prohibited from retaliating against employees for filing a claim for workers’ compensation. If you have filed a workers’ compensation claim and your boss has treated you unfairly because of it, or your boss has warned you against doing so, it is important to speak to an attorney about your legal options.

You Only Qualify if You Were Hurt on Company Property 

It is true that employees only qualify for workers’ compensation benefits if they were injured while performing employment duties. However, this does not mean that employees must be on company property. For example, a courier driver may be involved in an auto accident while they are out delivering packages. Even though they were not on company property, they were still performing their employment duties. As such, they are still eligible for workers’ compensation benefits.

You Cannot Pursue Benefits if You Caused the Injury 

Workers’ compensation in Pennsylvania is a no-fault system. This means that, generally speaking, it does not matter if you caused or contributed to your injuries. You can still claim workers’ compensation benefits. However, if you intentionally harm yourself or you are hurt because you are intoxicated, these can be reasons to deny benefits.

Seasonal and Part-Time Employees Do Not Qualify 

In most cases, employers are required to provide workers’ compensation to all employees, including those who work seasonally or on a part-time basis. The only workers who are not entitled to workers’ compensation benefits are independent contractors.

Our Workers’ Compensation Lawyer in Carbon County Can Protect Your Rights 

If you have been injured while at work, you need legal advice. At The Law Office of Kim M. Gillen, P.C., our Carbon County workers’ compensation lawyer can provide it and ensure your rights are protected so you obtain the full coverage you deserve. Call us now at 484-613-0011 or contact us online to schedule a consultation and to learn more about how we can help with your case.

Source:

pa.gov/agencies/dli/programs-services/workers-compensation.html