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3 workers’ compensation myths

On Behalf of | Jun 27, 2024 | Workers' Compensation

Workers’ compensation can give injured workers medical coverage and lost wages after an accident. Many people do not receive benefits and, as a result, will suffer from life-long debilitating medical conditions.

Some of these workers do not receive benefits because they were given misleading facts. Here are a few misconceptions about workers’ comp to avoid:   

Myth 1: You can receive benefits if you inflict your own wounds

Truth: Workers’ comp is a no-fault system, which means that an employee can still receive benefits no matter if they were injured because of their actions or another employee’s or employer’s actions. However, this rule does not apply if an employee knowingly self-inflicted their wounds with the hopes of applying for benefits. The same could be said if an employee was under the influence of drugs or alcohol or instigated a fight that led to their injuries. 

Myth 2: Every worker is eligible for workers’ comp benefits

Truth: While many workers can apply for health benefits through workers’ comp, not every employer can. For example, some employers are considered exempt from applying for benefits. Independent contractors, for example, are not eligible for workers’ comp. 

Myth 3: You have unlimited time to file for benefits

Truth: After a workplace injury, workers have to meet specific deadlines for a workers’ comp claim. Injured workers have 30 days to report their injuries to their employer under the California workers’ comp statute of limitation. The employer has 1 day to provide the worker with a claim form. The worker then has 1 year to file a claim to receive benefits.

Workers should avoid these myths if they are injured on the job. Legal guidance is available to answer any questions and help injured workers apply for health benefits.