Top Myths About Workers’ Compensation Claims Debunked

Those injured at work have many questions and concerns about their rights and options. Workers’ compensation is available to injured employees in nearly any occupation, as long as an employer has five or more employees—or for a single employee in the construction industry. There were nearly 13,000 workers’ compensation claims in Missouri in 2023, but many injuries go unreported as a result of some injured employees’ reluctance to file claims after suffering a workplace injury. Injuries are expensive as well as painful, but a surprising number of workplace injury victims choose not to file a claim for compensation, often because of prevalent myths.

It’s important for anyone considering a claim for Missouri workers’ compensation to delve into the truth behind common misconceptions that might discourage them from filing a claim, and to learn how a St. Louis workers’ compensation lawyer can help.

Most Workers’ Compensation Claims are Denied

This common misconception is factually inaccurate. In fact, only about 13% of Missouri workers’ compensation claims are denied. Denials most commonly result from missed filing deadlines, waiting too long to see a doctor, or an injury victim’s failure to follow protocols like seeking treatment through an authorized medical provider on their employer’s list. A denial does not have to be the end of the process. An injury victim may file an appeal and ask for a hearing to explain their case. Often, workers’ compensation approves the claim after a well-executed appeal.

My Employer Might Fire Me If I File a Workers’ Compensation Claim

Employers are not allowed to retaliate against an employee who files for workers’ compensation. In fact, doing so opens them up to a lawsuit which would end with the injury victim receiving substantial compensation. Employers carry workers’ compensation for precisely this reason—it protects them from lawsuits while also ensuring their employees receive medical care and a portion of their weekly pay during their recovery period.

I Can’t File for Workers’ Compensation Because I Have a Pre-Existing Condition

This isn’t always the case. If a work injury or repetitive motion at work causes a substantial increase in the symptoms of a pre-existing condition or exacerbates the condition, you may still file a claim for workers’ compensation with adequate evidence that your workplace conditions or your daily work tasks worsened the condition.

I Can’t Get Workers’ Compensation Because the Work Injury Was My Fault

Unlike car accident claims, workers’ compensation is a no-fault insurance program. Employees sometimes make mistakes in the workplace. An injured employee doesn’t have to prove that their employer was negligent and no one has to show that the employee wasn’t at fault for the injury.

It’s Not Worth It Because Workers’ Compensation Only Pays Pennies to the Dollar

Missouri workers’ compensation pays two-thirds of an employee’s standard weekly pay or about 66.6%. This is in addition to paying for your medical treatments, rehabilitation, and long-term disability benefits if the injury causes long-term partial or total disability.

The Paperwork Is Impossible and It’s Too Expensive to Hire a Lawyer

It’s usually far more expensive to not file a claim for workers’ compensation and end up missing paychecks and paying high medical insurance deductibles. While it’s true that filing a claim requires meticulous paperwork and adherence to filing dates, it’s well worth navigating the system when a serious injury prevents you from returning to work or if you need medical care for a work injury. Hiring an attorney helps facilitate the process and increases the likelihood of a positive outcome. Most work injury lawyers and personal injury attorneys in St. Louis don’t charge upfront fees. Instead, they offer free consultations and only take their payment after they secure your settlement or benefits.