Getting a work-related injury could be both shocking and hassle to handle. This is because even if you’ve heard of workers’ compensation, the thought of actually filing for it might have never crossed your mind.
Reporting an injury caused by your employer — which might be the reason you have insurance or are able to take care of your family — can put you in an interesting spot. Understanding some of the misconceptions about workers’ comp claims can help eliminate doubts and ease the process.
Here are three myths you might have heard about workers’ compensation in Minnesota:
1) You will lose your job if you seek workers’ comp
This is false. State law not only prohibits employers from letting go of employees who file a workers’ comp claim, but also outlaws employers from threatening to do so. An employer might terminate an employee after they’ve filed a claim but say it was for other reasons, like they weren’t meeting their quota. So, if you are considering filing, be sure to collect copies of any forms, correspondences, company handbooks and names of potential witnesses. That way you have evidence to help prove termination was in relation to your claim in court.
2) You can’t reopen an old claim
When pain or injury from your work-related injury progresses or worsens, you can potentially receive more compensation — even after a settlement. The workers’ comp insurance company might have closed your case. But, if you’re suffering a delayed injury or complication from a work-related injury that you previously claimed, then a judge could reopen your case.
3) You must prove negligence to receive compensation
Workers’ comp is a no-fault system in Minnesota. This means you don’t have to prove an act of carelessness led to your on-the-job injury. And, your employer can’t say they aren’t liable by claiming your negligence led to your injury.
Keeping this myths in mind and partnering with an experienced workers’ comp attorney can help you heal from the suffering your injury has caused.
