Top Workers’ Compensation Myths

Most know what workers’ compensation benefits are for, but not everyone knows the ins and outs of the benefits. Workers’ compensation can be a complicated subject, especially given all of the misinformation about it. Before you file your claim, here are three of the top myths debunked.

You Cannot Appeal Denials

Some employees give up as soon as their claim is denied. If your workers’ compensation claim is initially denied, then that doesn’t mean you can’t receive benefits, period. In fact, you have 90 days to file a request for hearing. When you do this, it may help to have a lawyer to help you build a case for workers’ compensation.

You Cannot Use Your Doctor

Some people shy away from workers’ compensation claims, in fear that they cannot use their own doctors. This is not a rule. While in some instances, if you have a self-insured employer, he or she may require you to see a certain doctor, you can usually seek treatment from your own doctor. The only rule is that your treatment has to be reasonable.

Now, there is some truth behind the myth. The truth is that normally an insurance company will have you evaluated by an objective doctor to evaluate your claim. This is for evaluation purposes, rather than for treatment.

You Cannot File if You Were Offsite

For some employees, a lot of work is done outside of the office. For instance, if have meetings with clients outside of the office, if you have to transport something for work or if you’re simply working from home the day you are injured, you are still on the clock. Your employer is still responsible. Some believe that if you are injured at home, despite doing job related activities, that you are not eligible for workers’ compensation. The truth is the opposite.

As long as you are injured during the course of employment, you are allowed to collect workers’ compensation benefits. For instance, if you were answering a work-related call, slipped, and fell, you could file a claim. However, if you were not performing a work duty, you could not make the claim.

If you’ve been injured while performing your work duties, then odds are you are eligible for workers’ compensation. If you think that you may have a case, you may want to contact a workers’ compensation lawyer, like a worker’s compensation attorney in NY,  as soon as possible. He or she can help guide you through the ins and outs of filing for workers’ compensation.

Thank you to the experts at Polsky, Shouldice & Rosen, P.C. for their expertise and input into worker’s compensation law.