You never know when you will be involved in a workplace accident or suffer a work-related illness. As such, it helps to understand how the workers’ compensation scheme works and your legal rights as an employee in California.
Here are some common misconceptions about workers’ compensation that you should be aware of to protect your interests.
You can’t file a claim if the injury was your fault
If you were to blame for the workplace accident that led to your injuries, it does not necessarily mean you cannot file a workers’ compensation claim. The insurance scheme is a no-fault system, which means you can receive benefits regardless of who was at fault as long as the injury or illness is work-related.
Only significant injuries are covered
Some workers believe that only serious injuries are eligible for compensation. However, workers’ compensation covers a wide range of work-related injuries. That said, injuries that do not require medical attention, like minor cuts or bruises, are not covered.
You could lose your job for filing a claim
It is unlawful for your employer to retaliate against you for filing a workers’ compensation claim. It’s among the legally protected activities, and you should not fear losing your job just because you filed a claim.
You will receive full pay while on worker’s compensation
Most people misunderstand the benefits they are entitled to. Workers’ compensation benefits for the wages you miss out on as you recover from your injuries do not cover the whole amount. You will receive a portion of your missed wages based on a percentage of your weekly earnings. In addition, there are minimum and maximum legal caps that may apply.
Other myths surround the type of health conditions covered and how the claims process works. If you are unsure about anything or have particular concerns about your workers’ compensation claim, seeking qualified guidance early on can significantly help the chances of a desirable outcome.
