A New Orleans workers comp lawyer has to spend the better part of a new client’s free case review correcting false or misleading information they found online. The fact is that the internet is full of workers comp myths that convince workers to make mistakes which ultimately cost them their benefits.
This is why it is important to separate fact from fiction and know the truth about how the workers’ compensation system works. Here are the most common workers comp myths you should stop believing.
1. Only Full-Time Workers Qualify for Workers Comp
Many employers and insurance companies keep this workers’ comp myth alive because it is convenient for them. This means that they have to deal with fewer workers comp claims, and fewer benefits to pay.
In reality, the workers compensation system in Louisiana covers most workers, irrespective of their type of employment:
Thus, even if you work a couple of hours each day, you still qualify for benefits, as long as your accident is work-related and happened while you were on the clock.
2. You Can’t File a Claim If You Were Partially at Fault
The workers’ compensation system exists to provide injured employees with compensation for medical care and lost wages. It is not a fault-based system, like personal injury law.
Thus, it does not matter if you were 100% at fault for your accident. You still have the right to file a workers comp claim. However, you will be disqualified if your employer can prove that you were under the influence of alcohol or drugs when you suffered the accident.
3. You Don’t Need a Lawyer, The Employer Will Protect Your Rights
This is one of the workers comp myths that insurance companies want to see perpetuated. The reality is that your employer has little to do with your claim beyond reporting your workplace accident to the insurer and providing you with the necessary paperwork.
Even if your employer values you, they cannot do anything to influence the decision made by the insurance company. During the entire claims process, you will be dealing with an adjuster employed by the insurer, not with a representative of your employer.
The adjuster’s role is to protect their employer’s interests by denying or reducing the value of your claim. This is why you need to have an experienced New Orleans workers’ compensation attorney by your side to fight for your rights.
4. You Don’t Need to Report a Minor Injury
Many workers lose their legal right to file a claim because they downplay the severity of their injury and do not report it to their employer. They also fail to seek prompt medical assistance for the respective injury.
However, an experienced lawyer knows that most apparently minor injuries turn out to be much more serious. You may not see bruising or feel the pain immediately after the accident.
But you could have suffered an injury with delayed-onset symptoms or an internal injury. By the time you start feeling ill, you made a few critical mistakes that will hurt your claim:
- You did not report your injury to your employer.
- By not reporting promptly, you skipped taking the drug test.
- You failed to mitigate your damages by not going to the doctor.
5. My Claim Will Be Automatically Approved
Some injured workers know that the workers comp system is not fault-based. Thus, they believe that, just because they don’t have to prove that they were not at fault for the workplace accident, their claim will be automatically approved.
Nothing can be farther from the truth. Insurance companies look for any aspect they can use to deny your claim, such as saying that you were not on the clock or that you were not performing a job-related activity. An experienced attorney knows how to fight these tactics and win your benefits.
Call Our New Orleans Workers Comp Lawyers Today!
Even without believing any of these workers comp myths, navigating the claims process is very difficult if you are on your own. Insurance adjusters are trained and experienced at their job, which is to deny as many claims as possible.
You will need an equally trained and experienced New Orleans workers comp lawyer to protect your rights and help you get the full benefits you deserve.
Since you benefit from a free case review as a new client, you have nothing to lose, so call us today at 504-420-2755!