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When an injury strikes at work, the aftermath can be confusing and overwhelming.
Between medical bills, insurance claims, and dealing with employers, many injured workers face a whirlwind of stress.
Unfortunately, myths about workplace injuries and workers' compensation claims can make it even harder for work injury victims to get the help they need.
Some of these myths are so widespread that they can discourage an injured worker from seeking the compensation they deserve. There are also many common dog bite injury myths in Missouri.
Understanding Workers' Compensation Eligibility
To qualify for workers' compensation, victims must meet certain criteria. They must be employees of a company that carries workers' compensation insurance and must have sustained an injury related to their work.
This means that even if an injury happens in a seemingly safe environment, such as a cafe, the affected worker can still seek benefits.
For instance, someone might slip on a wet floor while getting coffee or develop repetitive strain injuries from typing too much.
These incidents can lead to painful conditions that need medical attention and time off work. In such cases, the injured worker has the right to file a claim and receive benefits to cover their medical bills and lost wages.
Myth One: Victims in Low-risk Jobs Aren't Eligible for Workers Compensation
Many people believe that only those in high-risk jobs qualify for workers' compensation.
This common misconception suggests that if someone works in a low-risk environment, such as an office, they won't be eligible for benefits if they suffer a work-related injury. However, this is simply not true.
In Missouri, every employee is entitled to workers' compensation coverage regardless of their job's perceived risk level.
Whether someone is lifting heavy objects in a warehouse or sitting at a desk, if they are injured while performing their job duties, they can file a workers' compensation claim.
The law ensures that all workers, including those in low-risk jobs, have access to necessary medical care and compensation for lost wages due to injuries sustained on the job.
Many low-risk job injuries can escalate into more serious health issues if left untreated.
By reporting an injury promptly, workers ensure they receive proper medical care and protect their rights to file for compensation later.
Myth Two: Employees Filing a Workers Compensation Claim Will Get Fired
A widespread fear among workers is that filing a workers' compensation claim will lead to job loss.
Many employees worry that their employers will retaliate against them for seeking benefits, but this belief is baseless.
In Missouri, it is illegal for employers to fire or discriminate against employees who file legitimate workers' compensation claims.
When someone is injured on the job, they have the right to report the injury and file a claim for workers' compensation.
This process allows them to receive benefits that cover medical bills and lost wages while they recover. Employers cannot legally punish workers for exercising their rights under this system. Our team can help navigate this process as well as provide information on common medical malpractice myths in Missouri.
Myth Three: People with Pre-existing Conditions Can't File for Workers Comp
Pre-existing conditions refer to health issues that existed before employment or before a specific injury occurred.
These can include chronic conditions like arthritis, back injuries, or heart disease.
When an employee with such a condition suffers a job-related injury, it can complicate their claim process.
Insurance companies often challenge whether the injury is work-related or simply a result of a pre-existing condition.
However, if the work-related incident worsens the pre-existing condition, the injured worker can still file a claim.
The key is to demonstrate that workplace activity was a considerable factor in worsening the condition.
This means that if an employee slips and falls at work, causing more pain in their already arthritic knee, they may be entitled to benefits.
Myth Four: Victims Must Fully Recover Before Filing a Workplace Injury Claim
The law allows workers to file a workers' compensation claim immediately after an injury, even if they are still undergoing treatment or have not yet reached maximum medical improvement (MMI).
As a result, the claims process begins when an employee notifies their employer about the injury.
This notification is crucial and must happen within 30 days of the incident. Once reported, the employer is responsible for submitting a report of the injury to the appropriate authorities.
In Missouri, there is a statute of limitations for filing claims - typically two years from the date of the injury. However, filing sooner rather than later helps ensure that all medical records and evidence are fresh and readily available. For more information, a workers comp attorney in St Louis may be able to help.
Myth Five: Employees Must Be Performing a Work-related Task to be Eligible for Workers' Compensation
Victims can file a workers' compensation claim for injuries that happen while they are on the job, even if they were not directly engaged in a specific work-related task at the moment of injury.
Situations That Qualify for Benefits
There are various scenarios where injuries may happen outside of direct job tasks but still qualify for workers' compensation. Some examples include:
Traveling for Work: If an employee gets into an accident while driving to meet a client or attend a work conference, they may be eligible for benefits.
Breaks and Lunch Hours: Injuries that happen during breaks or lunch hours on company premises can also be covered. For instance, if someone is injured while taking a break in the designated break area, they may file a claim.
Work-related Events: Injuries sustained during company-sponsored events or activities, such as team-building exercises, are typically covered as well.
Final Words
Missouri workers should know that eligibility for compensation is not limited to those in high-risk jobs or those who are actively performing work tasks at the time of their injury.
As a result, victims must report injuries as soon as possible, regardless of how minor they may seem at first.
Early reporting ensures quick access to medical care and helps establish a clear record of the injury.
Having an attorney increases a victim's chances of success and ensures they are not taken advantage of by an insurance company or employer.
The right legal representation can make all the difference for work-injury victims.
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