
Workers' Compensation is a crucial safety net for employees who suffer job-related injuries or illnesses. However, many misconceptions surround workers’ compensation claims, leading to unnecessary stress and confusion. At Di Renzo & Bomier, we believe in empowering workers with correct information. Here, we debunk some of the most common myths about workers’ compensation claims.
Myth #1: You Must Be at Fault to Qualify for Benefits
One of the biggest misconceptions is that workers must prove their employer was at fault for their injury. Our knowledgeable attorneys emphasize that workers’ compensation is a no-fault system. This means employees are eligible for benefits regardless of who caused the accident. If the injury was not intentional or due to intoxication, you may be eligible for benefits.
Myth #2: Only Serious Injuries Qualify for Benefits
Many workers believe that only catastrophic injuries call for a claim. However, our legal team wants you to know that workers’ compensation covers a wide range of injuries, including strain injuries, minor fractures, sprains, and occupational illnesses caused by workplace exposure. If an injury prevents you from working, even temporarily, you may be entitled to benefits.
Myth #3: You Cannot File a Claim If You Did Not Report the Injury Immediately
It is always best to report a workplace injury as soon as possible. In Wisconsin, workers have 30 days to report an injury to their employer, though claims can still be valid if reported within two years under certain circumstances. Waiting too long may complicate the claims process, so consulting with one of our attorneys at Di Renzo & Bomier can help ensure you are compliant with state regulations.
Myth #4: You Cannot See Your Own Doctor
Some employees mistakenly believe they must see a doctor chosen by their employer or insurance company. While employers may have preferred providers, workers may have the right to seek a second opinion or choose their own healthcare provider after a first evaluation. Our dedicated attorneys stress that understanding your rights on medical treatment is essential for receiving proper care.
Myth #5: Filing a Claim Will Get You Fired
Many employees fear retaliation for filing a workers’ compensation claim. However, it is illegal for an employer to fire, demote, or harass an employee for seeking benefits. If you believe you have been retaliated against, legal action may be necessary to protect your rights. Attorneys at Di Renzo & Bomier can help defend your rights and ensure fair treatment throughout the claims process.
Myth #6: Workers’ Compensation Covers All of Your Lost Wages
While workers’ compensation provides financial aid, it does not fully replace lost wages. Typically, benefits cover a percentage of your regular earnings, often around 66%, but not the full amount. Additionally, compensation for pain and suffering is not included in the workers’ compensation benefits.
Myth #7: You Do Not Need a Lawyer to Manage Your Claim
Although it is possible to file a workers’ compensation claim without legal representation, doing so can be risky, especially if your claim is denied or disputed. Our workers’ compensation attorneys can navigate the complex legal process, help you receive the benefits you deserve, and protect you from employer retaliation or insurance company tactics.
At Di Renzo & Bomier, we believe that understanding the realities of workers’ compensation claims can make a significant difference in your recovery and financial well-being. Contact us today if you have any questions or concerns about your claim.
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