3 Workers Compensation Myths Revealed
Updated July 2022
Workers’ compensation is a complex situation that, for whatever reason, seems to be shrouded in a lot of common misconceptions. The New York Worker’s Compensation Act dictates an employee’s rights arising from harm they sustained while on the job, while also protecting employers from suits for liability by injured workers.
Myth: A pre-existing condition eliminates a person’s ability to file for worker’s compensation.
If you aggravate or cause further harm to a pre-existing condition, you may still be able to file for worker’s compensation. For instance, if you had experienced lingering symptoms from a back injury that occurred before you become employed and subsequently caused further damage to your back while on the job that makes work impossible, you may still be granted workers’ compensation.
Myth: You can only file for workers’ compensation if the injury occurred on your employer’s work site.
Not true! Many of us are required to travel off-site for our jobs. For instance, you could be visiting a client at their office or participating in a company-sponsored retreat and sustain an injury. Either of these situations, and others, may be covered under workers’ compensation even though they did not occur in your primary work environment.
Myth: I cannot be fired if I am hurt on the job.
Oh, but you can. According to the Americans with Disabilities Act, an individual cannot be terminated because of a disability if reasonable accommodations can be made. In some cases, accommodation simply cannot be provided. What’s more, your employer is not required to offer rehabilitation or retraining. Finally, even if you feel that you’re unable to do your job, if doctors suggest that you can return and you fail to do so, your absence will be viewed as voluntary.
Workers’ Compensation Attorneys
Every workers’ compensation situation is different and, as such, it’s best to retain counsel early on before getting duped by your employer or unintentionally signing away your rights with an insurance carrier. If you are hurt on the job, you may very well deserve fair compensation but getting such financial support without trained legal assistance can be like squeezing water from a stone. If you need help with a workers’ compensation case, contact the experienced lawyers at Martin, Harding & Mazzotti, LLP today.