Setting the Record Straight on Common Misperceptions about Job-Related Injury Claims
When you’ve been injured on the job, suddenly everyone around you is an expert. You’ll get plenty of unsolicited advice about what you can and cannot, typically with more emphasis on the latter. The reality? Most of it is inaccurate at best and much of it is simply untrue. Let’s look at the most common myths surrounding workplace injury claims.
Myth #1—Workers’ Compensation Is Your Only Option after a Work-Related Injury
The workers’ compensation system was established to give employers and workers a different, and ideally, better option when an employee is hurt on the job. In most states, where most employers are required to either be self-insured or obtain sufficient workers’ compensation insurance, those benefits are intended to be the exclusive remedy for injuries caused by the carelessness or negligence of the employer or a co-worker.
In Texas, though, that may not be the case, for a couple of reasons. First, unlike any other state, Texas allows employers to choose not to subscribe to the state workers’ compensation program. If your employer opts out of work comp, you can file a personal injury lawsuit in civil court to recover compensation for your losses.
Additionally, the workers’ compensation laws don’t limit your options when your injuries are caused, in whole or in part, by the wrongful acts of a third party. For example, if you are in a work-related motor vehicle accident and the person who caused it was neither your employer nor a co-worker, you can file a lawsuit in court to recover damages. In fact, you can file a workers’ compensation claim simultaneously with a personal injury lawsuit, though you cannot recover for the same losses in both proceedings.
Myth #2—You Can Only Be Treated by a Doctor Chosen by Your Employer or the Work Comp Insurer
After a workplace injury, you will typically have to submit to a medical examination by a doctor chosen by either your employer or the workers’ compensation insurance company. However, in most instances, you have the right to choose your own doctor, though the physician may have to be on an approved list of providers.
Myth #3—You Cannot Lose Your Job Once You’ve Filed a Work Comp Claim
Your employer may not terminate you in retaliation for filing a valid workers’ compensation claim. There may, though, be a number of permissible reasons for your termination while collecting work comp benefits—you may be fired for cause, you may be terminated for economic reasons, and your employer may replace you out of necessity.
Myth #4—Workers’ Compensation Benefits Cover Only Specific Physical Injuries
Virtually any physical injury can qualify you for work comp benefits, provided a licensed medical professional determines you are unfit to work. In addition to physical trauma, you can also recover benefits for mental or emotional injuries sustained during the course of your employment.
Myth #5—To Qualify for Workers’ Compensation, You Must Prove that Your Employer Was Careless
In a personal injury lawsuit, commonly based on negligence, you must establish that the defendant failed to meet the standard of care expected in society. In a work comp claim, there’s no need to prove negligence. You must only show that you were injured and that the injury occurred while you were on duty.
Let the Experienced Attorneys at Bailey & Galyen Help after a Personal Injury
At the law offices of Bailey & Galyen, we bring more than four decades of proven experience to people across the Lone Star State who have been hurt in any type of accident. We know that the civil justice system can be confusing and intimidating and will take the time to carefully explain the process at every juncture. Contact us by e-mail or 844-402-2992 call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.
