Top 3 Workers' Compensation Myths and Facts

 Posted on August 10, 2022 in Workplace Injury

Depending on where you get your information, you may have read some false information about workers’ compensation. If most of what you know about workers’ compensation was told to you by your employer, friends who have never personally used it, or popular media, odds are that you are familiar with at least one of a few common myths. Having the correct information about workers’ compensation is the key to making sure that you are adequately compensated after a workplace injury. After learning what is true about workers’ compensation and what is a myth, you may be ready to go ahead and file a claim and our attorneys can help. 

Workers’ Compensation Myths and Facts

Many of the myths going around about workers’ compensation have some truth to them but are still inaccurate. Some half-truths and myths you might have heard about using workers’ compensation include: 

• You could get fired - Some injured workers say that they will not file a claim out of fear of losing their jobs. However, retaliating against an employee who uses workers’ compensation is illegal. If your employer tries to fire you, you could bring a wrongful termination claim. A successful wrongful termination claim could get you your job back in addition to lost wages, reimbursement for legal fees, and more. 

• You will be spied on - One sitcom trope involves companies sending a private investigator to spy on someone who is receiving workers’ compensation. The character being followed often has to go to great lengths to avoid being seen doing anything but lying on their couch. This can be funny in fiction, especially when the character is faking. It would be much less funny to find someone your boss sent peering through your curtains trying to catch you doing housework. While such investigators exist, the reality is nothing like fiction. The vast majority of cases will never involve an investigator looking for evidence of fraud. Even if you are in the small minority of people who get investigated, the investigator must follow serious restrictions and can only cause trouble if you are doing something that you could not do with the injury you claimed. If you say you cannot walk and are seen strolling through a grocery store, there could be a problem. But if you say you cannot lift more than fifteen pounds and you are seen carrying a five pound grocery bag home, there should not be an issue. 

• It is only for blue-collar workers - When you hear people talking about workers’ compensation, it usually has to do with a blue-collar worker getting hurt in a factory or on a construction site. However, workers’ compensation is available for all workers, regardless of occupation. If you have a repetitive stress injury from typing all day at your desk, that could be a compensable injury. 

If you were injured in your workplace, getting workers’ compensation may be safer and less of a hassle than you think. 

Contact a Larimer County Workers’ Compensation Lawyer

Hoggatt Law Office, P.C. is committed to helping injured workers pursue compensation. Our experienced Ft. Collins Workers’ Compensation attorneys can help you file a claim while guarding you against retaliation or other unlawful behavior from your employer. Call us at 970-225-2190 for a free consultation. 

Source:  

https://www.sos.state.co.us/CCR/GenerateRulePdf.do?ruleVersionId=5508