Workers’ Comp Myths: Let Me Explode a Few
Everyone knows what Workers’ Comp is, but unless you deal with it every day, you only know what you’ve read in the media or heard from others in casual talk. Here are some common Workers’ Comp myths, and my “myth busters.”

• Myth #1: If I file for Workers’ Comp, I’m suing my employer.
  Mythbuster: Nope. Workers’ Comp is a benefit, not a lawsuit. Similarly, when you file for unemployment benefits, you’re not suing your employer either. Workers’ Comp actually protects employers from being sued directly.
• Myth #2: Everyone on Workers’ Comp is a fraud.
  Mythbuster: Workers’ compensation fraud does happen, but is actually very uncommon, despite what you may have seen on TV or in newspapers. The vast majority of New York workers’ compensation claims are made by honest working people just like you, who are actually hurt at work.
• Myth #3: You cannot be fired if you are on Workers’ Compensation.
  Mythbuster: The law actually says that you cannot be fired BECAUSE you are on Workers’ Comp. But if your employer has another, valid reason, such as that you need to be replaced so the company’s work can get done, usually you CAN be fired while out on comp.
• Myth #4: You must be out of work to file for Workers’ Comp.
  Mythbuster: Not at all. The only requirements to file are that you are an employee who was injured while working, and that the job CAUSED the injury. Plenty of my comp clients never lost a day from work.
• Myth #5: My boss will process all of the forms for me if I get hurt at work.
  Mythbuster: Unh-uh. Don’t depend on your employer to file all of the required forms for you. One required form, a “C-3” form, is neither filed by your employer or with your employer. YOU must file it. Yes, YOU, the injured worker, must file this with New York State yourself!

So, did you believe some of these common myths? Not to worry! Dan is here!