Lies Your Employer Might Tell You About Workers' Compensation

 Posted on November 20, 2024 in Workers' Compensation

When it comes to your right to receive workers’ compensation, the only person you should trust is your own attorney. Employers often try to discourage injured workers from filing for compensation, or may even threaten retaliation. Some employers are scared that they will get in trouble for failing to follow required safety protocol in the first place. Supervisors may be worried about getting fired or in trouble at work for putting you in a dangerous position. Others are worried about how your claim might impact their bottom line. There is always a chance that your employer will tell you things about workers’ compensation that are not true to prevent you from filing a claim. Your San Benito County, CA workers’ compensation lawyer can make sure you have accurate information.

Lie Number One: We Need a Recorded Statement Immediately

Asking a worker to give a recorded statement immediately after the accident, before he or she has had a chance to speak with a lawyer, is not for the worker’s benefit and it is not required. You may be in shock and unable to answer probing questions well. You can refuse to speak to a workers’ compensation representative until you can have your own lawyer there.

Lie Number Two: Your Criminal Background Might Affect Your Case

A lot of people who work in high-risk professions, like construction and factory work, have some criminal history. Having a criminal conviction in your past in no way impacts your right to receive compensation for a work injury. The only reason your criminal record could ever become potentially relevant is if your case goes to trial, and your conviction is for a crime of dishonesty like embezzlement, and there is no proof other than your word regarding how the accident happened.

Lie Number Three: You Could Get Fired for Making a Claim

Firing a worker for filing a workers’ compensation is illegal retaliation. If your employer fires you just for claiming the workers’ compensation you are entitled to, you may be able to sue your employer.

Lie Number Four: You Cannot Get Compensation if You Had a Pre-Existing Condition

Workers’ compensation can still help you if you have a pre-existing injury or condition that was aggravated by your job. For example, if you already had some problems with your shoulder and your factory job made the problems worse due to repetitive stress, you can still receive compensation.

Contact a Hollister, CA Workers’ Compensation Lawyer 

Cramer + Martinez is committed to helping injured workers recover the compensation they deserve. Our caring San Benito County, CA workers’ compensation lawyers can help dispel any lies or myths you might have heard about workers’ compensation. Contact us at 408-848-1113 for a complimentary consultation.