What People Often Get Wrong About Workers’ Comp
When it comes to workers’ compensation law, there’s a lot of confusion and misinformation out there.
As a Memphis workers’ compensation lawyer with over 40 years of experience, I’ve seen these myths affect injured workers, cause unnecessary stress, and prevent folks from seeking the benefits they deserve.
You deserve as much good information as possible so you can get the benefits you need. Here are the top five myths about workers’ compensation law that we’ve seen at our firm.
1. Workers’ Compensation is Only for Serious Injuries
One of the biggest misconceptions about workers’ compensation is that it’s only available to people who have sustained serious injuries.
In fact, workers’ compensation covers a wide range of injuries, from minor sprains to more severe conditions like fractures or traumatic brain injuries. If your injury occurred while performing work-related tasks, you may be entitled to benefits. And that’s true even if the injury seems relatively minor.
So don’t assume you aren’t eligible for workers’ compensation because you think your injury isn’t “serious enough.”
2. I Can’t File a Claim if I Was Partially at Fault
Many workers hesitate to file a claim because they wrongly assume they won’t be eligible for benefits if they were partially at fault for the injury.
However, Tennessee follows a no-fault system for workers’ compensation claims. That means no matter who caused the accident, you’re still entitled to benefits as long as the injury happened while you were performing your job duties.
Whether the injury was caused by your mistake or someone else’s, you have the right to pursue workers’ compensation benefits.
3. My Employer Can Fire Me for Filing a Workers’ Compensation Claim
It’s understandable to worry about retaliation after filing a workers’ compensation claim, but here’s the truth: It’s illegal for your employer to retaliate against you for seeking benefits.
In Tennessee, the law protects employees from being fired, demoted, or otherwise discriminated against for filing a claim. If your employer retaliates, you can take legal action.
Having a knowledgeable workers’ compensation lawyer on your side can help protect your rights.
4. I Have to Use the Insurance Company’s Doctor
Another common myth is that you have to see the insurance company’s doctor for treatment.
While it’s true that some employers and insurance providers may require you to visit an approved doctor, you still have the right to seek a second opinion or even switch doctors if you feel that your treatment isn’t adequate.
Your health and recovery are top priorities, and you should never feel pressured into seeing a doctor you’re not comfortable with. A workers’ compensation lawyer can help guide you through this process and make sure you receive the right medical care.
5. I Can’t Afford a Workers’ Compensation Lawyer
Many workers believe that hiring a lawyer for a workers’ compensation claim is too expensive, but that’s simply not true. Most workers’ compensation lawyers, including our team, work on a contingency fee basis.
This means you don’t pay anything upfront—we only get paid if we win your case.
In fact, it might make more sense to say you can’t afford *not* having a workers’ compensation lawyer. The system can too easily fail workers, from insurance companies refusing to pay to the medical system wrongly diagnosing the injuries. And employers often desperately don’t want to cover your injuries, because it could hurt their profits.
Having an experienced lawyer on your side can significantly improve the chances of a successful claim. Don’t let the fear of legal fees stop you from getting the help you deserve.
A Workers’ Compensation Lawyer Fighting for You
These myths about workers’ compensation law can leave you confused and uncertain about your rights. The truth is, workers’ compensation is available to many more people than most realize.
If you’ve been injured at work, don’t let these misconceptions stop you from pursuing the benefits you deserve. Reach out to our award-winning Memphis workers’ compensation team today.
With over 40 years of experience and a track record of fighting for workers’ rights, we’re here to guide you every step of the way.
Just contact us online or give us a call at 901-327-2100 to get started.