An injury on the job can be devastating to workers and their families. If you have been injured at work, you may have a number of questions because going through the workers compensation claims process can be confusing. They key to being prepared to tackle the challenge of filing a workers compensation claim is to be armed with the correct information. However, there are many myths surrounding workers compensation. Here are some of the most common. If you have additional questions, contact the Providence, RI workers compensation lawyers.
Myth: Workers Compensation Claims are Generally Fraudulent or False.
This is absolutely not true. The fact remains that only 1 to 2 percent of all workers’ compensation claims are false. An overwhelming majority of workers who make claims are truly injured, have a strong case and deserve compensation. These claims are supported my medical documentation and health care professionals. Most workers count on workers compensation to feed their families and get back on their feet after a devastating injury.
Myth: You Can Only File a Workers Compensation Claim if the Injury was Your Employer’s Fault.
This is also not accurate. Your employer is required to compensate workers who are injured on the job, regardless of who was at fault. The employer, a co-worker or someone else may have caused the accident, but you are still entitled to compensation. In this respect, workers compensation is different from a personal injury lawsuit because the employer’s fault is not a necessary condition for compensation.
Myth: Workers’ Compensation Covers Everything Related to the Injury.
Workers’ compensation does not cover all costs related to the workplace injury. It often covers medical expenses, a portion of lost wages and other losses as the worker is recovering from the injury. For a standard workers compensation claim, a worker cannot claim compensation for non-economic losses such as pain and suffering. However, pain and suffering can be compensated for in a third party claim where someone else, other than the employer, caused the injury.
Myth: Part-Time Employees Cannot Claim Workers’ Compensation.
Part-time employees may make a claim for workers’ compensation benefits. All employees who are on the payroll are counted when it comes to looking at the total number of employees working for a business. This includes any employees classified as full-time or part-time. In general, an employer with four or more employees is required to have a workers compensation insurance policy. This includes both full-time and part-time employees.
Myth: An Injured Employee Out on Workers’ Compensation Can Automatically Lose Their Position.
Some injured workers are concerned about being replaced from being out on workers compensation. A permanent employee who has sustained a compensable injury and is not disabled from performing the duties of the position can be reinstated to their position, if the position exists. If not, then the employee may file for unemployment as if they were laid off.
Contact a Providence Workers Compensation Lawyer
If you have been injured at work, contact the Providence, RI workers’ compensation lawyers located at 390 Broadway, Providence RI 02909. You may be entitled to compensation for your injuries, medical bills, and lost wages, among other losses. We work with experienced workers compensation lawyers that charge no fee unless you obtain benefits or a settlement. For a free (no obligation) case evaluation, call us at 401-831-8600 or toll free at 1-800-992-6878. You may also fill out a contact form online.
Paul d’Oliveira
Attorney Paul d’Oliveira has been practicing personal injury and disability law for over 30 years. He started his personal injury law practice in 1989 with two offices in Fall River, MA and East Providence, RI. Today his firm has 16 offices in RI and Southeastern, MA.
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