Workers compensation attorneys in every state exist to help
employees maintain their rights when they are injured at the workplace.
They are a necessity because, too often, these rights would be trampled
by companies who want to mitigate lost profits at any cost. In a perfect
situation, the laws are followed to the letter and an employee is
properly taken care of following an injury. But we don't live in a
perfect world, and sometimes litigation is the only way to stand up for
your rights. Unfortunately, there are many misunderstandings surrounding
the concept of injuries and lost wages. Here are some of the biggest
myths.
Pre-Existing Injuries
One of the biggest excuses a company will use to deny coverage is the existence of a pre-existing injury. Let's say you hurt your knee in a car accident two years ago. Yesterday, you re-injured the knee while on the job. Does your coverage disappear just because the knee had been hurt in an unrelated incident years ago? Absolutely not. Workers compensation attorneys fight this myth on a daily basis and more than one employer has been pinched for trying to exploit what they perceive as a loophole. Blaming an injury obtained elsewhere on a workplace incident is fraud, but that doesn't mean that pre-existing injuries aggravated at the jobsite are to be thrown out unceremoniously.
Income
Not all myths surrounding work related injuries turn out in favor of the employee. It is a common misconception that a worker who is injured is entitled to their full pay when forced to sit out from the job. This is not the case (unless, of course, it is written into your contract). For the most part, employees are entitled to 70% of their full pay while sitting out with an injury. It could be more than that, depending on where you live and what the limits are in your state. Workers compensation attorneys in your area will know the laws regarding income and will be able to advise you more specifically.
Getting Fired
This, again, is not always in the employee's favor. There is a common belief that an employer cannot fire the employee for getting injured on the job. This isn't always the case. In fact, if you were doing something against the rules of employment when you were hurt, you can expect to be fired. Of course, that doesn't mean you don't have a case. Worker's compensation attorneys encounter cases like this all the time, and there is often more to the story. Don't make assumptions about your rights. See a lawyer and make sure you know what you are and are not entitled to.
Pre-Existing Injuries
One of the biggest excuses a company will use to deny coverage is the existence of a pre-existing injury. Let's say you hurt your knee in a car accident two years ago. Yesterday, you re-injured the knee while on the job. Does your coverage disappear just because the knee had been hurt in an unrelated incident years ago? Absolutely not. Workers compensation attorneys fight this myth on a daily basis and more than one employer has been pinched for trying to exploit what they perceive as a loophole. Blaming an injury obtained elsewhere on a workplace incident is fraud, but that doesn't mean that pre-existing injuries aggravated at the jobsite are to be thrown out unceremoniously.
Income
Not all myths surrounding work related injuries turn out in favor of the employee. It is a common misconception that a worker who is injured is entitled to their full pay when forced to sit out from the job. This is not the case (unless, of course, it is written into your contract). For the most part, employees are entitled to 70% of their full pay while sitting out with an injury. It could be more than that, depending on where you live and what the limits are in your state. Workers compensation attorneys in your area will know the laws regarding income and will be able to advise you more specifically.
Getting Fired
This, again, is not always in the employee's favor. There is a common belief that an employer cannot fire the employee for getting injured on the job. This isn't always the case. In fact, if you were doing something against the rules of employment when you were hurt, you can expect to be fired. Of course, that doesn't mean you don't have a case. Worker's compensation attorneys encounter cases like this all the time, and there is often more to the story. Don't make assumptions about your rights. See a lawyer and make sure you know what you are and are not entitled to.
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