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Common Workers Compensation Myths

Federal law requires employers to provide their employees with workers’ compensation, according to Las Vegas injury lawyers. As an employee, it is important to understand what this means should you ever get injured while performing your job duties. Over the years, there are several myths regarding workers’ compensation and are so persistent that many people have come to believe they are true. These are four of those myths.

An Employer Can Fire You for Filing a Claim 

There are many horror stories out there about people who filed a workers’ compensation claim who were then fired from their position. The fact is that firing someone simply for filing a claim is illegal. Both federal and state laws protect employees from retaliation for filing a claim. Keep in mind that an employer may fire you for other reasons after filing a claim, such as tests revealed you were under the influence of drugs or alcohol when the accident occurred.

I Cannot File a Claim Because the Injury was My Fault 

Even if the injury was caused by something you did, your injury is still covered under workers’ compensation. For example, you piled merchandise too high on a shelf and that merchandise fell on you. Even though you created an unsafe condition that led to your own injury, your employer is still required to cover those injuries. This is because workers’ compensation is “no-fault” insurance coverage where blame is not placed on either party.

Workers’ Compensation Covers All My Expenses 

Workers’ compensation is not designed to cover every damage you suffer as a result of a workplace injury. If you are injured at work, workers’ compensation covers your medical bills and lost wages. It may also cover the cost of medical equipment, prescriptions, and transportation to seek treatment. You cannot collect pain and suffering from workers’ compensation.

I Will Have to Sue My Employer to Collect 

In most states, you are not permitted to file a lawsuit against your employer for a workplace injury. You are required to go through the workers’ compensation process. According to Las Vegas injury lawyers, there are a few exceptions to this rule, however. If you were injured by a defective product or toxic substance while working, you may be able to file a lawsuit against the product manufacturer. If a third party caused your injury, like another driver, you may be able to sue that party. If your injury was caused due to intentional conduct by your employer or if your employer did not carry workers’ compensation as required under the law, it is possible you can file a lawsuit against them.

If you have been injured at work, contact the best personal injury lawyer Las Vegas, The Schnitzer Law Firm. Although you may not be able to sue your employer for your injury, we will work to be sure you receive the compensation you are entitled to under the law. Schedule a no-obligation consultation by calling 702-960-4050 or complete the form online.

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