5 Common Workers' Comp. Misconceptions

When you are injured on the job, dealing with the workers’ compensation system - and all of its intricacies - can be a daunting process. Because of this, there are many misconceptions about the California Workers’ Compensation system that prevent injured workers from seeking the benefits they deserve. 

Here are five of the most common workers’ comp. misconceptions:

1. A minor injury is not worth filing a claim over.

No matter the extent of your injury, it is always in your best interest to report the incident. Additionally, even if the workplace injury is considered ‘minor’, you are still entitled to file a workers’ compensation claim. The biggest reason for reporting minor injuries is that what seems inconsequential now, may develop into a more severe concern down the line. If you don’t report the minor injury, it will be much harder - or impossible - to receive workers’ comp later down the line.

2. You can only file if you’re injured on site.

This is a common misconception, and one that is even more relevant in the current climate of an ongoing pandemic. You can file for workers compensation if you are injured while performing ANY work-related activity. This includes working from home and driving to/from offsite locations, if your job requires it. 

3. You are not eligible if the injury is your fault.

Many workers assume that if they are at fault for their injury, they cannot file for workers’ compensation. However, that’s not true. Because California workers’ compensation is a ‘no-fault’ system, and because it applies to any worker performing any job-related activity, you are eligible for workers’ comp. 

There are two exceptions to this claim. You cannot deliberately try to harm either yourself and/or others, and you cannot be under the influence of drugs or alcohol when your injury occurred.

4. Your employer can fire you if you file a claim.

It is illegal for your employer to fire you after you tell them you intend to file a workers’ compensation claim. California’s Labor Code Section 132(a) specifies that you cannot be fired, demoted, or discriminated against in any way for filing a workers’ compensation claim.

That being said, some employers may attempt to do so, thinking that you are not aware of this law or by looking for another reason to fire you. If your employer terminates you while you have an open workers’ compensation claim, if your job expectations suddenly become more difficult, or if you are fired while you are receiving treatment, you should strongly consider talking to an attorney.

5. If your claim is denied, that’s it.

This is the most common misconception that injured employees believe. By thinking that an initial denial is the end of the road prevents many workers from getting the benefits they desperately need. If your case is denied, you can still fight the decision. A workers’ compensation attorney can help you file an appeal to have your case reexamined.

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Cole, Fisher, Cole, O’Keefe + Mahoney is Central California’s leading workers’ compensation and social security disability law firm. With over 30 years of successful experience, we are committed to securing maximum benefits for our clients in the Fresno, California area. Schedule a free consultation today.