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Busting workers’ comp myths

On Behalf of | Sep 18, 2024 | Workers' Compensation |

If you’ve never needed workers’ compensation benefits before, you may only know what you’ve heard about workers’ comp from co-workers, friends or family. A lot of that information may be wrong.

That’s why it’s crucial to know the facts if you’ve suffered a workplace-related injury or illness. Below, you can start “busting” several common myths about workers’ comp.

Myth #1: I can’t get compensation for an injury that developed over time or was worsened by my job

The truth is that many workplace injuries and illnesses develop over time. Repetitive motion injuries are a common example. Performing the same movements every day for hours can take a toll on the body that eventually requires medical treatment. Likewise, many workplace-related medical conditions develop over months or even years. Some involve frequent exposure to toxins or other harmful substances.

Myth #2: My employer will fire me if I file for workers’ comp

Texas law states that an employer “may not discharge or in any other manner discriminate against an employee because the employee has filed a workers’ compensation claim in good faith….” This doesn’t mean that you can’t get laid off or fired while you’re receiving workers’ comp benefits for some other reason. However, an employer can’t retaliate in any way against someone for seeking the workers’ comp benefits to which they’re entitled.

Myth #3: If I was injured because I made a mistake, I can’t file for workers’ comp

Workers’ comp is typically a no-fault system in the sense that even if an employee’s injury was their own fault, they’re generally still entitled to benefits. There are, however, some important exceptions. For example, workers’ comp typically won’t pay if an employee was engaging in “horseplay” and being knowingly reckless or careless when they were injured. The same is true if an employee is under the influence of alcohol and/or drugs when they’re injured or if they intentionally injure themselves to get workers’ comp.

Accidents happen to employees who are just doing their jobs. That’s a big part of why workers’ comp benefits exist. If you’re being told that you can’t file a workers’ comp claim, being threatened with consequences if you do or you believe you’ve been wrongfully denied the benefits you deserve, getting legal guidance can help you understand and protect your rights.

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