5 Common Myths About Workers’ Compensation

Workers’ compensation benefits are available to employees when they are injured or hurt while on the job. The coverage provides a variety of benefits to help you after your workplace injury, including replacing your wages while you are unable to work, compensation if you have a permanent disability, and payment for your medical care and medication.

Your overall compensation from your work-related injury depends on the type of injury you have, which parts of the body were injured, the severity of your injuries, and the amount of your salary or wages — along with a variety of additional factors.

Before you file for workers’ compensation benefits, you should know about some of the more common myths about the benefits. Here are some things you should know.

Myth #1 You Don’t Need to Know About Workers’ Compensation

As an employee, you should always be aware of the programs available to you from your employer. You should especially remain aware of your employer’s policy on workplace injuries and how workers’ compensation will apply to you in the event you are hurt on the job.

You should read your company’s literature on its workers’ compensation benefits and remain aware of your rights before you ever suffer an injury. When or if you suffer an injury within the scope of your employment, you will have the necessary preparation to move your claim along quickly.

Additionally, you can stay informed about your rights through the South Carolina Workers’ Compensation Commission or by speaking with one of our experienced attorney during a free consultation.

Myth #2 Your Employer Has to Be at Fault to Receive Workers’ Compensation

No matter who is to blame, you are eligible for workers’ compensation benefits as long as your injury happened while you were performing your job. Workers’ compensation may be a no-fault system in your state, which means there doesn’t have to be a person to blame for your workplace injuries.  Even if the injury is your fault, you still are entitled to benefits.

For workers’ compensation cases in the state of South Carolina, it is a no-fault system. If you have been hurt at work for any reason, you should seek immediate medical attention for your workplace injury and then seek experienced legal advise.

Myth #3 You May Only Receive Benefits for Injuries Onsite

Although many injuries in the workplace occur onsite, you can still receive workers’ compensation benefits if your injuries happened in a different location. For example, if you drive a company car and you are in a car accident while on the clock, you can file a workers’ compensation claim for your work-related injuries.

Myth #4 You Will Get the Same Benefits Even if You Don’t Hire an Attorney

Your employer will try to convince you can and can’t do in a workers’ compensation claim.  At the end of the claim the employer or insurance carrier that your settlement offer is the best you can hope to get through workers’ compensation. However, this is not always the case. A workers’ compensation attorney cannot guarantee you that they can get you more money in your case, but they attorney will help ensure you have fair representation throughout the process.

An injury in the workplace can potentially impact you for the rest of your life, and you need protection of your interests. You do not want to make a mistake at any point.

While you can file for your workers’ compensation benefits on your own, you may want to retain an attorney just in case, particularly if you have a major injury which will cause you permanent disability.

You should also retain an attorney if your workers’ compensation claim is denied. If you receive a denial, you can file an appeal. At this point, you should have an attorney to assist you with the denial of your case to help you get the compensation you deserve.

If you have any questions about a workers’ compensation claim, please contact us at Smith Jordan Attorneys at Law. We will be happy to look over your claim and advise you as to how we can help you in your case.

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