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Denver Workers’ Compensation Attorney Reveals the Truth Behind These Workers’ Comp Myths


October 5, 2016

What do you know about workers’ compensation? There are a lot of myths floating out there about this benefit designed to help workers who are injured while on the job. Which should you believe and which are completely untrue? Mark A. Simon, a Denver workers’ compensation attorney, is revealing the truth behind these common myths:

Myth: You can only file a claim if the injury was the employer’s fault.

This is not true. In workers’ compensation cases, it doesn’t matter who was at fault for the injury. Whether the injury resulted because of the victim, another worker or a customer, employers are required to pay compensation to their employees as long as they have workers’ compensation insurance and the injury occurred at work.


Myth: Every victim will receive workers’ compensation.

Yes, the majority of victims will be able to receive the compensation they deserve after an injury. But, workers’ compensation claims can be denied if it can be proven the victim was acting negligently, such as being under the influence of drugs or alcohol at the time of the injury. Unfortunately, even when this is not the case, claims can still be denied. Insurance companies who handle workers’ compensation claims are concerned with profits, not people. Remember, insurance companies are paid by the employers, not by you, so their loyalty is not with you, the victim. If you want to put up a good fight against the insurance company, it’s always recommended you work with a Denver workers’ compensation attorney.

Myth: You cannot file a claim if you have only been working for your employer for a short time.

Some victims believe they have not been working for the employer long enough to be legally permitted to file a claim. But, the second you are hired, you are covered by the employer’s workers’ compensation insurance. It doesn’t matter whether it’s your first or 300th day on the job, you are covered and entitled to file a claim if you are injured.

Myth: I should let my employer know about my injury whenever I get around to it.

After an injury occurs at work, it’s imperative you let your employer know as soon as possible. You will need to alert your employer within four days of the injury, and if you fail to do so, you will not be able to file a claim for workers’ compensation. Learn more about what you should do after an accident at work.

Myth: Most workers’ compensation claims are fraudulent.

Some employers like to believe that every injured employee who files a claim for workers’ compensation is lying in order to receive benefits. But, recent studies have not been able to prove that this is true, so there’s no reason to believe the majority of claims are fraudulent.

If you do have any questions about workers’ compensation, the premier go-to Denver workers’ compensation attorney Mark A. Simon can help. If you have been injured on the job, call us at 303-321-4878 or contact Mark A. Simon to discuss your rights during a free consultation.