Debunking Myths and Misconceptions About Workers’ Compensation

Workers’ compensation is a vital safety net for employees who are injured or fall ill because of their work. It provides essential benefits, such as medical coverage and wage replacement, to help workers recover and regain stability. Yet, despite its importance, many employees are hesitant to file a claim, largely due to widespread myths and misconceptions about how workers’ compensation works.

Today, we’re setting the record straight. The workers’ compensation attorneys at Lenahan & Dempsey will explore some of the most common misunderstandings surrounding workers’ compensation and provide accurate information to empower you to advocate for your rights.

Myth 1: “I can’t file a claim if I was at fault for my injury.”

Fact: Workers’ compensation is a no-fault system.

One of the most persistent myths is that fault plays a role in determining eligibility for workers’ compensation benefits. Many employees believe that if an injury occurred due to their negligence, like tripping over their shoelaces, they can’t file a claim. This is entirely false.

The workers’ compensation system operates on a no-fault basis, meaning it doesn’t matter whether the employer, the employee, or external circumstances caused the injury. As long as the injury or illness resulted from your work duties, you are entitled to file a claim and seek compensation for your damages.

By removing the need to prove fault, the system ensures employees receive timely support to recover both physically and financially.

Myth 2: “Workers’ compensation will cover all my expenses.”

Fact: While workers’ compensation provides critical financial help, it may not cover everything.

Workers’ compensation benefits typically include:

• Medical expenses related to workplace injury or illness.
• A portion of lost wages while you recover.

However, the benefits you receive may not fully cover all your expenses. For example:

• Your lost wage benefits might only account for a percentage of your actual salary.
• Compensation is subject to state-regulated caps, which could limit the amount you receive.
• Non-economic damages, such as pain and suffering, are generally not covered under workers’ compensation.

Given these limitations, it’s vital to ensure you’re receiving the maximum compensation possible. Consulting a skilled workers’ compensation attorney can make a significant difference. They can help you identify all available benefits, avoid unnecessary delays, and even challenge unfair claim denials.

Myth 3: “I don’t need an attorney to file a workers’ compensation claim.”

Fact: While not required, an attorney significantly improves your chances of a successful outcome.

Employees can indeed file workers’ compensation claims on their own, but the process is often more complicated than it seems. Employers and insurance companies may deny claims, argue about the extent of your injuries, or minimize your financial recovery to save money.

A knowledgeable workers’ compensation attorney can help in many ways:

• Navigating the process: From filling out forms to meeting deadlines, an attorney ensures compliance with all legal requirements.
• Gathering evidence: This includes medical records, workplace documentation, and medical opinions to strengthen your case.
• Advocating for you: If disputes arise or your claim is denied, your attorney can represent you in negotiations or court proceedings.

Having legal guidance is especially important if your claim involves severe injuries, long-term disability, or retaliation from your employer.

Myth 4: “Workers’ compensation benefits are automatic.”

Fact: Benefits may be denied or delayed, even when you’re eligible.

Workers’ compensation claims must go through an approval process, which means insurance companies and employers can — and sometimes do — reject valid claims. Some common reasons for denials include:

• Missing filing deadlines.
• Discrepancies between medical reports and incident descriptions.
• Employer disputes regarding the legitimacy of the injury.

If your claim is denied, don’t lose hope — you still have options. An attorney can guide you through the appeals process, ensuring you have the evidence and representation necessary to fight for the benefits you rightfully deserve.

Why Pennsylvania Employees Should Seek Legal Assistance

Workplace injuries are more common than you might think, and they can have devastating physical, emotional, and financial effects. Fortunately, Pennsylvania law provides strong workers’ compensation protections for employees in these situations.

If you’ve been injured at work, you may have the right to recover benefits for:

• Medical expenses related to your injury or illness.
• A portion of your lost wages while you’re unable to work.
• Ongoing care for long-term or permanent disabilities.

At Lenahan & Dempsey, we understand how overwhelming it can be to deal with injuries, medical bills, and legal procedures all at once.

Our team of Scranton workers’ compensation attorneys is dedicated to assisting injured employees in navigating the complex claims process while fighting for their rights. For over 75 years, we’ve helped countless clients recover the benefits they need to rebuild their lives.

What Lenahan & Dempsey Can Do for You

When you choose Lenahan & Dempsey, you’re choosing a firm recognized for its excellence and results. Our services include:

• Reviewing and filing your workers’ compensation claim.
• Gathering crucial evidence to support your case.
• Fighting for denied benefits or appealing unfair claim decisions.
• Maximizing the amount of compensation you receive.

With conveniently located offices in Scranton, Berwick, Tunkhannock, and the Pocono Mountains region, we’re here to serve employees across all of Northeastern/Central PA and the Pocono Mountains Region and surrounding counties including cities and towns such as Pittston, Wilkes-Barre, Scranton, Clarks Summit, Dallas, Kingston, Bear Creek, Meshoppen, Back Mountain, Dunmore, Carbondale, Nanticoke, Bloomsburg, Hazelton, East Stroudsburg, Throop, Jessup, Forest City and more.

Attorney Brian Lenahan, who heads our Workers’ Compensation Department, is listed in Best Lawyers in America and certified as a Workers’ Compensation Practitioner in Pennsylvania. He is also recognized in Pennsylvania Super Lawyers and the National Trial Lawyers – Workers’ Compensation Top 25, having secured awards as high as a million dollars for individual, seriously injured workers. Additionally, our team includes other workers’ compensation lawyers who are prepared to help you obtain the benefits you deserve after an injury at work.

If you need help, contact us today for a free and confidential consultation by calling (888)-536-2328 or contacting us online.

*Best Lawyers in America and Best Law Firms are trademarks of Woodward White. Super Lawyers and Top 100 Lawyers in Pennsylvania are trademarks of Thomson Reuters. Both trademarks are used with permission.  Details on Settlements & Verdicts are found at LenahanDempsey.com. All law firms are required to note that because the facts of each case are different, past performance is not a promise of a future outcome.