When it comes to understanding their rights, injured workers vary from not knowing them at all to believing wrong ideas. For an Atlanta workers compensation attorney, the workers comp myths are worse than ignorance. The reality is that many workers have unrealistic expectations and feel extremely disappointed when they learn the truth.
This is why we will debunk the most common myths and misconceptions about workers compensation in this article. Here is what you need to know.
1. You Don’t Need to Prove Anything to Win Benefits
As the claimant, you always have the burden of proof, both in personal injury and in workers’ compensation cases. It means that you must present evidence to the workers’ compensation insurer that:
- You were on the clock when the accident happened.
- You were performing a task within your scope of employment.
Since insurance companies always try to deny claims to maximize your profits, you need solid and verifiable evidence to prove this. You have to remember to take photos and videos of the accident scene and ask any eyewitnesses to corroborate your story. Also, you need to seek medical care for your injury as soon as possible to substantiate your claim.
Unfortunately, without evidence, a lawyer cannot do very much to help you, especially if there are no CCTV cameras and no witnesses to back up your story.
2. You Will Get Millions Out of Your Employer
Georgia’s workers’ compensation system is not a get-rich-quick scheme. Its role is to compensate injured workers for medical care costs and offer them replacement wages while they are out of work. Sure, some claims will settle for a significant amount of money.
But you must remember that this amount represents a fair evaluation of future medical care costs for years to come.
In some cases, it represents compensation for permanent disability, leaving the injured worker unable to return to their job. There is no happiness in winning lots of money in a workers comp claim. The higher the amount, the more severe the worker’s injuries are.
3. Your Employer Will Treat You Fairly
This is one of the most common workers comp myths. Employees rely on their good relationship with their employer and do not hire a lawyer to help them file the claim. The fact is that your claim will not be evaluated by your employer.
They must report your injury to their workers’ compensation insurance company. You will deal with an insurance adjuster – someone you don’t know and who does not care about your welfare.
Even if your employer wants to help you, they cannot influence the insurer’s decision. Thus, you must not feel that you are betraying your employer by having legal representation.
4. If the Claim Fails, I Will Just Sue My Employer
The workers compensation system was put in place specifically to protect employers from countless lawsuits filed by injured workers.
Thus, you cannot sue your employer, except for a few, very specific situations. Your only option for getting compensation for your medical care costs and lost wages while you recover is the workers’ comp claim. So, make sure that you follow all the rules and do not make any mistake that may invalidate it.
5. I Will Go to My Regular Doctor for Workers Comp Treatments
Everyone trusts their doctor and is comfortable telling them everything about their health problems. But when it comes to treatments covered by workers’ compensation, you have to see a doctor appointed by the insurance company.
If you go to any other doctor, the insurer will refuse to pay for the bills and you have no recourse against this. This is the rule. The only exception is if you do not feel that the workers’ comp doctor treats you well. In this case, you can apply for a change of doctors – but only once. And you won’t be able to choose the new doctor but go to the one selected by the insurer.
Stop Believing Workers Comp Myths. Let an Experienced Lawyer Help You!
Navigating a workers’ compensation case is very complex because you are fighting against a big insurance company that does not want to pay if it can get away with it. This is why you need an experienced Atlanta workers comp attorney at our law firm.
A lawyer will explain your actual rights and evaluate the merit of your claim. If you have a case, we will represent you on a contingency fee basis. This means no fees until we win your claim.
We offer each new client a free case evaluation, so call us today at 470-518-5026 !