5 Workers’ Compensation Myths You Should Not Fall for in 2025
Employees are entitled to file a worker’s compensation claim with their employer when an injury or illness arises in the workplace. However, navigating it can be tricky, as many misconceptions exist around workers’ compensation claims. Let us debunk five myths about workers’ compensation you should not fall for in 2025.
- You Can File a Lawsuit Against Your Employer
Workers’ compensation insurance acts as a buffer to prevent injured employees from filing lawsuits against their employers. It is a no-fault insurance coverage (it does not matter whose fault it was; you still have a claim) to which employees are entitled. In return, the employer is legally protected against personal injury claims arising from the workplace. Since every employer is required to offer workers’ compensation insurance, it replaces the right of employees to sue the employer, therefore acting as a legal protection to the employer.
However, there is an exception to this rule. You can file a lawsuit against a third party. This, for instance, would be the case if you were injured on the job due to an equipment manufacturer’s negligence or a contractor’s negligence on a job site.
2. Workers’ Compensation Insurance Is at the Discretion of the Employer
This is yet another myth you should not fall for in 2025. The Vermont Department of Labor requires all employers to provide workers’ compensation insurance. Even if an organization has only one employee or contracts workers part-time or seasonally, the employer must provide insurance, and employees are entitled to workers’ compensation for workplace injuries or illness.
3. You May Be Fired for Filing a Workers’ Compensation Claim
Many employees may fear retaliation from their employers for filing workers’ compensation claims, which stops many people from filing. However, in Vermont, it is illegal for an employer to fire an employee for trying to file or file a workers’ compensation claim.
4. Only Severe Injuries Qualify
While most workers’ compensation claims involve serious workplace injuries like broken bones, you must not be severely injured or ill to file one. You may equally file a workers’ compensation claim if you have suffered repetitive stress injuries. Workers’ compensation is designed to support any legitimate workplace injury that impacts your work or needs medical attention.
5. You Cannot Fight a Denied Claim
Your workers’ comp claim may be denied due to several reasons. Sometimes, it could be simple paperwork issues like errors in documentation or missing crucial medical records. Other times, the insurance company could have questions about whether the injury or illness was work-related. However, a denial does not mean you should give up. You can file an appeal on your claim, and if the appeal is successful, your case can be considered at another hearing. Working with a workers’ comp attorney from the onset is best to ensure your paperwork is correct and gather any other proof needed to support your case.
Contact a Vermont Workers’ Compensation Attorney Today
Do not let myths confuse you and prevent you from getting the compensation you deserve. As each case is unique, contact a Vermont workers’ compensation attorney at Sluka Law PLC at 802-457-1000 or complete our online form today. Reach out for a consultation, and let us help clarify things so you can pursue your claim confidently.
https://labor.vermont.gov/workers%E2%80%99-compensation/injured-workers/does-my-employer-have-workers%E2%80%99-comp-coverage
