Many employees think they do not have a right to workers’ compensation benefits or that it’s a favor from their employer. As a result, some deserving cases miss out on benefits, leaving the affected employees on their own in the face of medical bills and injuries that prevent them from working.
Therefore, it helps to understand how everything works with workers’ compensation since you never know when you might need to file a claim. Differentiating the truth from falsehood is an excellent place to start, given all the misinformation flying around. Here are some common myths associated with workers’ compensation in California.
1. Your accident must happen at the site of your job.
Not necessarily. You do not have to be at the site of your job to claim workers’ compensation benefits. Your claim is valid as long as the accident happened as you were engaging in an activity related to your job.
2. You cannot get any benefits if the accident was your fault.
Workers’ compensation is not so big on fault. You can still get benefits if you are partly to blame for your workplace accident. However, it is an entirely different conversation if you were under the influence of drugs, utterly reckless or your injuries were intentional.
3. You can get fired for claiming workers’ compensation benefits.
It is against the law for your employer to take adverse action against you because you filed for workers’ compensation benefits. You do not have to fear losing your job or a demotion for claiming what you are entitled to after a workplace accident.
4. You must be a full-time employee.
You do not have to work full-time to be eligible for benefits. The scheme covers all employees, whether part-time or full-time. Immigrants can also claim workers’ compensation benefits regardless of their status.
5. A denied claim is the end of the road.
The decision to deny your claim is not final, and you can challenge it. In fact, a good number of claims are initially unsuccessful but get approved upon a successful appeal.
The claims process can seem daunting if you do not know what to expect, even when you have all the information. As such, it is best to seek the proper assistance to guide you through and help protect your legal rights after a workplace accident.