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Myths About Filing a Workers’ Compensation Claim

Man with a broken arm signing a paper

#1 You can only file if you get injured in the workplace.

It is a myth that you can only file a worker’s compensation claim at a job site. Commuting to work is not something you can file for. However, if driving is part of your job and you suffer from an accident, you can seek compensation. According to the U.S. Bureau of Labor Statistics, transportation incidents are the most frequent type of fatal event in the workplace, with over 1,700 fatalities a year.

#2 You could face losing your job.

Workers cannot legally fire you for filing for worker’s compensation benefits. You are also legally protected if a workplace discriminates against you on the basis of physical or mental disability. However, if you were subject to termination prior to your injury, you are not protected from losing your job after seeking compensation.

#3 A claim will cover all your work injury losses.

Depending on the state you are in, worker’s compensation will only cover a portion of your medical expenses or wages lost. Unlike filing a personal injury lawsuit, a claim will not cover:

  • Emotional damages
  • Disfigurement
  • Pain and suffering

It’s important to have a record of this injury when filing a claim. Some states have deadlines that need to be met when applying for a worker’s compensation claim. If you miss the deadline, you cannot receive compensation for your injury.

#4 You can easily file a claim on your own.

You can file a claim on your own, but the complexities of a worker’s compensation claim can be difficult to navigate. Some people try to file on their own to dodge legal fees, but it’s best to hire a lawyer, so you know you’re getting the proper compensation for your injuries. In some cases, lawyers are paid on a contingency fee basis. This means you will only have to pay a percentage of your financial recovery if your lawyer has a successful case, and a in Pennsylvania Worker's Compensation case, any fee our firm charges is 20%

#5 You can only file if you were actively doing your job.

Accidents can happen anywhere in the workplace, even while you’re walking to your desk. It’s important to understand that you do not need to be working in order to be eligible for compensation. As long as you suffer an injury during your term of employment, you are entitled to worker’s compensation.

Work Injury Lawyers

At Robert Peirce & Associates, P.C. our Pittsburgh work injury lawyers can help you or a loved one eliminate stress through compassionate legal counsel. If you have been injured on the job, one of your priorities should be contacting a legal professional who can help evaluate your case for workers’ compensation.

Our team is here to help you assess your case. Contact us on our website or give us a call at (844) 383-0565 if you’ve sustained injuries in the workplace.