Job-related injuries have the potential to result in serious disruptions to your daily life. Unfortunately, it is a reality that many people are not particularly informed about what they should expect when pursuing a worker's compensation claim. As a result of this lack of experience and information, individuals will often assume that several common myths about these claims are true. Once you have the truth behind these notions, you will find yourself better positioned to pursue this claim.
Myth: You Will Have To Prove Your Employer Was Negligent
There is a common assumption among some individuals that a worker's compensation claim will require proof of negligence on the part of the employer. However, this is not actually the case as these policies are designed to cover injuries that result from both negligence and routine accidents. As a result, it is merely necessary to prove that the injury was a result of job-related activities and that the victim was not intoxicated at the time of the event.
Myth: Filing A Worker's Compensation Claim May Result In You Being Fired
Individuals may often be hesitant about pursuing their worker's compensation claim for fear of being fired or otherwise laid off in retaliation for the claim. Fortunately, the law recognizes this conflict of interest, and as a result, there are strict laws in place that forbid retaliatory action against a worker for filing this type of claim. If you suspect that your employer has retaliated against you for filing the worker's compensation claim, you should immediately contact an experienced attorney as the employer may be liable for civil damages for these actions.
Myth: You Will Be Treated By Your Family Doctor
Many individuals may be very particular when it comes to their medical care. Sadly, many individuals will automatically assume that they will be able to choose who they want to treat their injuries. In reality, the insurance company will have nearly full control over the doctor that treats your injuries. In situations where you may need extended treatment, it may be possible to petition to change doctors to one that is close to your home, but this request may not always be honored.
Being injured due to a work related accident may be one of the most stressful experiences in a person's life. For those that have found themselves in this situation, it is important to understand that you will not have to prove negligence on the part of your employer, that you can not be fired for filing this claim and that the insurance will have control over which doctor treats you. Understanding these points will allow you to make wise choices as you work you way through this lengthy claims process. Talk with a workers compensation attorney for more information.