Workers’ Compensation claims can be very overwhelming. See these commonly asked True/False questions below, and call our office for more details on your potential case.
You must pay taxes on your workers’ compensation benefits.
FALSE. Workers’ Compensation benefits are not taxed. This includes your weekly checks as well as any settlement you may be due.
You are eligible to receive workers’ compensation benefits if you are an undocumented worker and have a covered injury.
TRUE. Undocumented workers are covered under the Workers’ Compensation Act just like documented workers. Though your employer can terminate you if they discover you are undocumented, the insurance company cannot deny your work injury claim legally based on your immigration status alone. Remember, this does not mean the insurance company may not try to deny your claim, or that your employer may misrepresent facts to you about your legal status as it relates to your case. Call us accurate details about your legal status and your possible case.
Attorneys can charge whatever they want to help me with my workers’ compensation claim.
FALSE. The law in North Carolina generally restricts an attorney from charging more than 25% of your settlement or benefits (33.33% in South Carolina).
You should not worry about filing a claim for your work injury if your employer tells you they will pay for your medical care directly.
FALSE. This is absolutely a mistake. Workers’ Compensation laws govern when and how you must report an accident, and the insurance company is required to hear from the employer. This could be an attempt for your employer to sweep your injury under the rug and later throw you under the bus! In an accepted workers’ compensation claim, the insurance company pays for your medical care, lost wages, and possibly additional benefits by way of a settlement. Reporting your claim to the insurance company is best to ensure you are protected. Also, we strongly urge you to hire an attorney to ensure your rights are protected!
The insurance company has the right to direct my medical care if my workers’ compensation claim is accepted.
TRUE. If your claim is accepted by the workers’ compensation insurance company, it has the right to choose your physician and direct your medical care. There are certain situations where an attorney may be able to help you seek second opinions with a physician of your choosing and a limited instance where you are entitled to a second opinion by law, but we would recommend you consult an attorney for further details on this.
All injuries on the job are covered by workers’ compensation.
FALSE. There are some injuries sustained at work that are not considered by workers’ compensation. Workers’ compensation insurance companies are legally responsible to pay for only injuries “by accident”, specific traumatic incidents (for a back injury), or occupational diseases which are covered by law specifically. This sounds complicated, but if actually far MORE complicated than it sounds. We highly recommend speaking with an attorney to clarify the details and validity of your injury.
You are due pain and suffering in workers’ compensation claims.
FALSE. An accepted workers’ compensation claim will only cover lost wages, medical expenses, and future medicals based on the extent of your injury/disability. Unfortunately, no matter what your injury is or how painful it may be, workers’ compensation laws do not provide payment for pain and suffering in any case in this State.
If you were surprised by some of the answers to these true/false questions, we would encourage you to contact us to schedule a free consultation with Attorney/Owner, Maggie Shankle. The details of navigating a Workers’ Compensation claim can be tricky, and we can help look in to the details of your claim to ensure you are protected.