5 Debunked Myths And Misconceptions About Workers’ Compensation Claims In New York

If you’ve recently been involved in an accident at work, you’re probably thinking about how to qualify for workers’ comp benefits while you’re recovering. But dealing with the legal process without knowing how it works can cause misconceptions that could stop you from seeking justice. This post will help you discover the truth behind the most common myths surrounding workers’ compensation claims and how to seek justice for your injuries today.

Myth 1: Your Employer Can Legally Retaliate Against You

Many workers won’t submit their claims for fear of losing their jobs. Some employers don’t understand the law or don’t want to pay and might resort to intimidation or other unethical tactics to keep you in line.

The truth is, your employer cannot legally do anything about filing a workers’ comp claim. New York has strict anti-retaliation laws and they could lose their business license, face fines, or even serve jail time if they don’t comply.

Myth 2: Injuries Aren’t Covered If I Was At Fault

It’s understandable that your company might not cover your injuries if you were at fault. But in reality, workers’ comp claims operate on a no-fault basis. The board will review your case’s details and determine an appropriate amount of compensation, regardless of who’s responsible.

However, the one exception they’ll make is if drugs or alcohol were involved or you deliberately tried to hurt yourself or someone else. In these situations, you’ll lose your right to apply for a claim and will need to pay for your injuries out of pocket.

Myth 3: Only Full-Time Employees Are Eligible

New York’s workers’ comp laws cover all employees, regardless of their work hours. Employers are legally required to cover every employee who’s on their payroll. However, the hours you work will make a significant difference in the overall amount of weekly benefits you’re eligible for.

Myth 4: I’ll Need To Go To Court

Many employees might think they’ll need to take their employer to court and pay thousands of dollars to see their benefits. Thankfully, 95% of workers’ comp cases have a favorable resolution before the trial phase. Most insurance companies and lawyers are trying to negotiate a fair settlement and medical costs. Once that happens, there’s almost no need to drag your case for longer by going to court.  

Myth 5: Insurance Adjusters Have My Best Interests

It might seem like your adjuster is looking out for you at first. But remember, these individuals represent the insurance company’s interests above all else. Most will use any tactics they can to reduce settlement costs, including medical care. Be careful with what you say around them, and try to interact with them when your lawyer is present.

Start Your Workers’ Comp Claim Today

Going through the claims process can be overwhelming, especially when you’re unfamiliar with the state’s laws. This is why hiring a reliable lawyer could make everything much easier. Our experienced New York workers’ compensation attorneys have decades of experience helping clients win the compensation they deserve. If you have any questions or want to take the next step, please contact us online or give us a call at 855-598-1413 today.