Fact-Checking Popular Wisdom on Workers Compensations Law

Most people do not want to be in a situation where they need worker’s compensation. This likely means that they have been injured in some way, which is definitely not an ideal situation. However, the truth is that it is good that worker’s compensation exists. It makes it so that people do not need to pay out of their own pockets when they are injured in the workplace. Also, in some cases, if a workplace is not enforcing proper safety practices, and someone gets injured as a result, they will be held accountable, as they should be.

If you do not have a lot of experience when it comes to workers comp, you might have many questions. For example, you might wonder, where can I find a good workers compensation lawyer? Where can I learn all about worker’s compensation? How do I know that I have learned all about worker’s compensation? What are the best insurance companies for worker’s compensation? Which state provides the best workers compensation to its employees? It might be a good idea for you to do some research on your own or talk to a worker’s compensation attorney to see what information you can find.

Workers Comp Is Just for Industrial AccidentsWorkers compensation law can be quite confusing — not least because it varies somewhat state to state — but a basic understanding of it can be vital to your health and wellness as an employee. Unfortunately, all the misinformation regarding workers comp that’s floating around can make it even more difficult to get the information you need. Let’s fact-check some common statements about workers compensation programs so you can be a better advocate for yourself in the future if you get hurt on the job:

1. Verdict: False

   People tend to think of filing workers compensation claims for manufacturing accidents and the like, but workers comp can actually cover a much wider range of injuries and illnesses in many types of workplaces. For example, an office worker with carpal tunnel syndrome might be eligible for workers comp, as would someone who had a respiratory illness due to mold in a storeroom or warehouse.

2. Your Employer Is Required to Offer Workers Comp
   Verdict: True

   This gets a little trickier, since workers compensation law varies by state in terms of what it requires of employers. But indeed, most mid-sized and large employers are required to carry workers compensation insurance. Moreover, they are not allowed to pass the cost of that insurance on to their employees.

3. Workers Comp Costs Are “Out of Control” in the U.S.
   Verdict: False

   Critics of workers comp often say that the costs of the system are too burdensome for employers, but the reality is that workers compensation settlements are actually quite minimal and aren’t a major cost for employers.

4. Workers Comp Is a No-Fault Claims System
   Verdict: True

   For a workers compensation claim, you’re not required to prove that someone else was at fault or that negligence occurred. There are a few exceptions (if you were doing something contrary to company policy that caused you to get hurt, for example), but in most cases fault isn’t even factored in.

5. You Can’t Sue Your Employer If You File a Claim
   Verdict: False

   When you take workers comp, you generally do so in lieu of filing a personal injury lawsuit against your employer. But there are some cases in which you would be eligible for both, and it’s quite common to have a case both for a workers comp claim and a personal injury claim against an equipment manufacturer. You’ll need to discuss your individual situation with workers compensation lawyers to know what the best course of action is for you.

What other truths or myths should be included on this list? Share your thoughts in the comments.