Workers’ compensation is a type of insurance that pays the medical costs for workplace accidents and injuries. However, because it involves monetary payments, there seems to be considerable misinformation circulating about the subject. To clear matters up, below are some of the most common myths about workers compensation.

3 Common Myths About Workers’ Compensation

1. Employers Decide Whether to Offer Workers’ Compensation

In New York State, the law requires businesses with one or more employees to maintain workers’ comp insurance. Exemptions exist but are very limited. Failure to comply with the law could result in a $2,000 fine for every 10 days of noncompliance.

2. Workers’ Compensation Applies Only if You Are Not at Fault

Fault does not enter into a workers’ comp claim. As long as the employer is covered and the injury or illness occurred as part of the patient's employment activities, it doesn't matter how the injury or illness arose or who was to blame. However, payment may be denied if the incident arose due solely to drug or alcohol intoxication or if the injured party intentionally injured him or herself.

3. Workers’ Comp Covers Only Medical Treatments

In fact, coverage also includes lost wages that arise due to the worker's inability to attend work because of the injury or illness. Alternatively, if you can return to work but cannot earn what you did previously because of the incident—such as if you can only return to light or alternate duty—you may qualify for a benefit that makes up 2/3 of the difference.

If you feel you have a workers’ compensation claim and need help negotiating terms with the insurance company, contact Vincent J. Criscuolo & Associates, a firm of experienced workers’ comp lawyers in Rochester, NY. They were named among the Nation's Top One Percent in 2015 by the National Association of Distinguished Counsel (NADC). They should also be your top choice if you need a Social Security disability or personal injury attorney. Visit their website for more information on their practice areas or call (585) 232-3240 to schedule a consultation.