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Debunking Myths About Workers' Compensation

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Finding a path through workers' compensation law can be complex, especially if you have a work injury and have never experienced anything like this before. As a victim seeking the assistance of workplace compensation lawyers, you should have accurate information.

After all, a lot of falsehoods, lies, and half-truths are out there about the legal system. You should never be scared to seek legal counsel for a workers’ compensation issue, as most of the old wives' tales and common sayings you might hear about this area of law are simply untrue.

Look at some of the most persevering myths and why they do not hold any weight.

Workers’ Compensation Is Only There for Major Injuries

In reality, workers' comp is designed to provide help and support for a vast array of injuries and illnesses that occur in and outside the workplace. From minor headaches to chronic back pain that develops over time, you have a right to compensation if your work environment contributes to your health issues. If you suspect some sickness or problematic condition stems from your workplace, talk to a legal professional as soon as possible.

You Can Only Get Workers’ Compensation If the Boss Is At Fault

Workers' compensation operates on a no-fault basis. This means that you can receive benefits whether or not your boss was the cause of your injury. Even if the accident was due to your own mistake, you're typically still eligible for compensation.

There are exceptions, such as if you were under the influence of drugs or alcohol at the time of the incident. Still, many people are too scared to ask for workers’ comp because they do not realize they can get it even if they might have been at fault. 

Preexisting Conditions Are Never Covered

If you have a preexisting condition that is aggravated by your work, you may still receive workers' compensation benefits. The key factor is whether your job duties or work environment worsened your condition. Documenting how your work contributed to the worsening of your preexisting condition is essential for a successful claim.

Personal injury lawyers can also ensure you get properly looked at to prove whether or not your condition has gotten progressively worse due to your job.

Workers’ Compensation Provides Your Full Salary While You Recover

While workers' compensation provides financial support during your recovery, note that benefits typically cover a percentage of your average wage, not your full salary. This percentage varies depending on your state's laws and other factors. Consulting with a workplace compensation lawyer can help you understand the compensation you're entitled to.

You Cannot Pick Your Own Doctor

Employers or their insurance partners commonly suggest specific doctors for your treatment. However, you usually can seek medical attention from a doctor of your choosing. Some states might have restrictions or guidelines regarding the selection of a doctor, so discuss the terms of this with a lawyer to know your full rights.

You Can Handle Your Worker's Compensation Case Alone

While you can file a workers' compensation claim without legal representation, this is never recommended. There are just too many ways a case can go wrong for you if you do not have professional training and years of experience. From filing documents incorrectly to not understanding legal jargon, this process is littered with ways that make approaching a workers’ compensation claim alone impossible.

If you feel like you are entitled to workers’ compensation but are not sure how to get it and protect yourself from financial ruin, then talk to a specialist lawyer who works in this area. No matter what type of question you may have, you can talk to us at Porta-Clark & Ward to find out the truth and begin fighting for your rights with the full force of a professional team of attorneys.

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