Debunking Some Common Myths About Workers’ Compensation

If you’ve suffered a work injury in Vermont, you may be eligible to recover workers’ compensation benefits. If you’ve never suffered a work injury before, there may be many things you don’t know about workers’ compensation. In an attempt to gather information, you may turn to family, friends, or the internet. Unfortunately, there are a lot of misconceptions about workers’ compensation. At Sluka Law PLC, we are dedicated to ensuring injured employees have the correct information that can help them avoid making costly mistakes and recover the benefits they deserve. For this reason, we dedicate this article to debunking some of the most common myths about workers’ compensation.

Myth #1: Your Employer Can Fire You if You File a Workers’ Compensation Claim

False: It is against the law for an employer to terminate an employee because the employee filed or tried to file a workers’ compensation claim. Filing a workers’ compensation claim should not put you at a greater risk of losing your job. And if your employer fires you because you filed a workers’ compensation, you have legal recourse.

Myth #2: If You Were Working Offsite, Your Injury Isn’t Covered

False: You do not need to have suffered your injury at your primary place of work to qualify for workers’ compensation benefits. A work injury is any injury that arises “out of” and “in the course of employment.” An injury is said to arise “in the course of employment” if it occurs within the period of employment at a location where the worker reasonably may be in the performance of their duties (even if it is not their primary place of work), and while the worker is fulfilling their responsibilities or is engaged in something related to it.

Myth #3: I Cannot Recover Workers’ Compensation Benefits if the Injury Was My Fault

False: Unlike the case in a personal injury claim, fault is not considered in a workers’ compensation claim. It does not matter who is to blame for your work injury. You can recover workers’ compensation benefits even if you are to blame for your injury. However, there are some exceptions.

Myth #4: Workers’ Compensation Does Not Cover Repetitive Stress Injuries

False: Workers’ compensation not only covers traumatic accident-related injuries, such as broken bones. It also covers repetitive stress injuries, which are injuries that arise due to repetitive movements at work. Common examples of repetitive stress injuries include carpal tunnel syndrome, rotator cuff injuries, tendinitis, and bursitis. Indeed, it can be harder to prove your right to benefits for a repetitive stress injury. But proving your case is possible, especially with the help of a qualified workers’ compensation attorney.

Myth #5: You Don’t Need an Attorney to File a Workers’ Compensation Claim

Truth: Technically, this is true. The law does not require you to have an attorney when filing a workers’ compensation claim. However, it is in your best interests to retain a workers’ compensation attorney. A lawyer can help you gather the evidence you need to prove your claim and present your case in the best way possible. Your workers’ compensation lawyer can help you avoid making mistakes that could harm your claim.

Contact a Vermont Workers’ Compensation Attorney

If you are filing a workers’ compensation claim, it is in your best interests to hire an experienced attorney. Sluka Law is here for you. To schedule a consultation with a Vermont workers’ compensation attorney at our firm, call us at 802-457-1000 or fill out our online contact form.

Source:

legislature.vermont.gov/statutes/section/21/009/00710#:~:text=(b)%20No%20person%20shall%20discharge%20or%20discriminate%20against%20an%20employee%20from%20employment%20because%20the%20employee%20asserted%20or%20attempted%20to%20assert%20a%20claim%20for%20benefits%20under%20this%20chapter%20or%20under%20the%2