7 Misconceptions About Workers’ Compensation to Debunk

05 October 2021

Navigating life after a workplace injury can be a whirlwind of confusing processes and terminology. Many workers aren’t familiar with the ins and outs of their employers’ workers’ compensation policy, and this lack of knowledge can prevent them from claiming their full benefits. If you’re seeking support after a workplace injury, here are seven debunked misconceptions about workers’ compensation to help you through the process.

If you hire an attorney, your legal fees will outweigh the benefits

Work injury attorneys have a specialized pricing system based on a contingency fee. Firms like this one charge according to your compensation package, not out-of-pocket billable hours. You can discuss payment extensively with your attorney if you’re unsure. Hiring an attorney can maximize your benefits, making it well worth the investment.

You need to be on duty when you get injured

You don’t have to have your nose to the grindstone at the time of the injury to be eligible for compensation. Many things happening around you at work can harm you, and you deserve workers’ compensation for these accidents as well.

For example, a coworker may injure you unintentionally, a heavy machine may fall on you, or a building may collapse. You are eligible for compensation if you sustained injuries due to working for the organization, regardless of whether or not you were on the clock at the time.

You are not eligible for workers’ compensation if you caused your injury

You are eligible to make a compensation claim even if no one else at work directly caused your injury. The qualifier is that the damage must happen at the workplace or during the execution of your duties. Location and context take priority over fault when it comes to your eligibility. If you slip in the bathroom or fall down the steps at work, you are still eligible to file for compensation.

You may lose your job if you file for workers’ compensation

You are well within your rights to file for workers’ compensation. Employers have no legal right to fire employees based on a request for work injury compensation. Although every company has the authority to decide who works with them or not based on their organization’s expectations, it is illegal to fire staff in retribution for exercising their legal rights.

You can’t get compensation if your claim is denied

Organizations conduct thorough investigations before accepting a claim. Agents and attorneys will look for loopholes and mistakes in the injury report, meaning that your first attempt may not be successful.

If the company denies your claim, that doesn’t have to be the end of the case. You can appeal, and with expert legal help, you can achieve your due compensation.

The injury has to happen at a job site

Depending on your job duties, you may be able to win compensation even if your injury occurred off-site. For example, if you work as a driver and are involved in a road accident, you can ask for payment.

This stipulation also applies if you were commuting to perform a work assignment. For example, you may have been making a delivery or been on your way to join a work-related meeting. In these cases, your role as an employee puts you in harm’s way, and you deserve compensation for any injuries or expenses.

Wrap up

If you sustain any work injury, taking adequate steps towards compensation can help you avoid being injured twice.

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Ariana Smith

I enjoy writing and I write quality guest posts on topics of my interest and passion. I have been doing this since my college days. My special interests are in health, fitness, food and following the latest trends in these areas. I am an editor at Content Rally.

View all posts

Dos and Don’ts When You’re Involved in a Motorcycle Accident

Unlike most of the other cities in the world, Syracuse in New York has an abridged biking season. Hence, bikers tend to squeeze in and make the most that they can in the short season to enjoy their motorbike and have fun! This fact, unfortunately, may lead to untoward accidents. If you, your friend, or family member happens to find yourself in such a situation, it’s beneficial for you to know what you should do. Here are some of the dos and don'ts when you're involved in a motorcycle accident in Syracuse: The Do’s: Do remember that you can sue even for minor injuries: It’s worth remembering that in the event of a motorcycle accident in Syracuse, you can sue the negligent driver who is at fault, even if you sustained only minor injuries. Do not confuse this with the situation when driving your car – with four-wheeled vehicles, you can sue the driver at fault if you sustained major injuries. After getting yourself involved in a motorcycle accident, you can sue the negligent driver for the following injuries: Spinal cord injuries Pelvic, arm, and leg fractures Neck and back injuries Skin abrasions like cuts, scratches, and rashes Chest trauma To know more of the extent of what you can sue for, click here. Do seek medical help, no matter how small your injury is: Many motorcycle accident victims tend to forego a medical checkup after the collision especially if they haven’t sustained any significant injuries. However, do remember that injuries are not only external. You may be clean on the outside, but you may have internal injuries or traumas that can put you to harm if left unchecked. Furthermore, you’ll need a certificate from a medical doctor to verify and describe the injuries you sustained, albeit minor, when you sue the negligent driver. Do consult a lawyer: Consulting an attorney is very important, even if you can settle your case amicably, without the need of a court hearing. Many things entail expert help and opinion, such as the payment of insurance, claims, lost wages, and other reimbursements, and an attorney will be able to help you with all of these. When you have a Syracuse lawyer by your side, you are more well informed of your rights as the victim or of your obligations as the erring driver. Do know your rights: Some motorcycle drivers still do not know their fundamental rights. If you’re one of these people, it will be to your favor to consult a lawyer. For example, in Syracuse, New York, the wearing of a helmet and protective gear is required by law. However, if you do fail to wear one and meet an accident, this failure to wear a helmet does not hinder you from obtaining damages against the negligent driver. This is a critical situation to highlight, as some insurance companies may try to cheat you out from any claim that you may be entitled to by shifting the blame on you for your failure to wear a helmet. Some of your other rights center around the following: Claims for your damaged motorcycle Claims for lost wages and earning capacity, if applicable Other medical bills from injuries that you may have sustained Reimbursement for additional expenses incurred related to the injury, such as a psychologist's fee and your lawyer's fee The Don’ts: Don’t take your jury for granted: When you decide to sue in court for the damages that you have sustained, don’t take for granted the act of choosing the right jury. In New York State Laws, the jurors contribute a hefty weight to the final judgment of your case. It is unfortunate, however, that sometimes, some jurors will blame you for the accident especially if you are going against a four-wheeled vehicle. They will merely say that it is your fault in the first place for choosing to be on the road with a much riskier form of transportation. However, laws in Syracuse give you an absolute right to be on your motorcycle. Therefore, choose the right jurors who are aware of this absolute right. Don’t stop yourself from driving your motorcycle again: Some motorcycle drivers tend to let go of their motorcycle after meeting an accident. This usually arises out of fear of encountering another accident or any emotional and psychological traumas that have been incurred. This advice may be the last but also the most important one for you. Don’t let your fear pull down your hobby or your love for motorcycles. Accidents can happen at any time and any place, regardless of what vehicle you’re driving. Just don’t forget to drive safely all the time to decrease your chances of meeting another accident. Conclusion: All these dos and don'ts are crucial for you to know, as riding your motorcycle always poses more risks than driving your car. Remember, a bike has lesser balance with only two wheels compared with a four-wheel vehicle; hence, you have to exercise extra care and caution when driving one around Syracuse. Getting yourself in a motorcycle accident not only affects you physically, but it also can also affect you emotionally, mentally, and psychologically. It’s, therefore, crucial for you to know what to do when an unfortunate accident happens. Read Also: 6 Important Questions To Ask A Personal Injury Lawyer 5 Types Of Damages You Can Claim After A Car Accident The 5 Most Important Motorcycle Safety Tips All Riders Need To Know

10 Tips For A Successful Law Enforcement Career

Do you have what it takes to be a police officer? You might be ready to jump into the fray and do your best to keep the peace, but you must also be able to maintain the strenuous physical and mental demands required. If you are ready to pursue a career in law enforcement, then you’re in the right place! From things to keep an eye on to tips to hit the ground running once you are accepted into the department, we have everything you need to know about being a police officer. 10 Lucrative Ways Of Making Law Enforcement Career Successful 1. Be aware of mental health stressors Law enforcement is not a job that is easily left behind once you make it home for the night. The things that you might see and might be forced to do could weigh heavily on your mind. What happens if you have to defend yourself with lethal force in the face of serious potential harm? For many people, the consequences of living with the memory of seriously harming or killing someone, regardless of whether the action was justified, are significant – and that’s just one aspect of the job that can impact mental health. In fact, according to a 2018 study, police officers are more likely to die via suicide than they are to die while working. Not only that but also their rates of suicide are higher than in the general population. Despite this information, police officers remain stoic about their mental health stressors. While it is understandable to be cautious about discussing your mental health, it is important to pay attention to how you’re feeling. When you experience a stressor of some kind, seek professional help in processing the emotions you might face as a result. 2. Focus on your physical fitness Police officers must be ready for any situation, and this includes circumstances that test their physical endurance. It is imperative that you can hold your own against other people in a physical altercation. Taking some time to focus on your physical fitness before you become a police officer is a critical element of a long and successful career. There are a variety of exercises you should do to prepare to be a law enforcement officer and to maintain your fitness level once you are part of the force. One of the most important of these is running, which is often an explicit requirement of the physical ability test (PAT) that must be passed before you can enter the police academy. You should be able to run at least a mile and a half, though the specific distance varies from precinct to precinct. Other common exercises include push-ups, sit-ups, and agility. In addition to all of the above, officers must be prepared to climb over fences or other barriers when chasing a suspect. This portion of the PAT is known as the ‘barrier surmount’ and requires you to sprint 50 feet before climbing over a barrier at least six feet in height. The best way to prepare is to practice on an actual six-foot wall. The goal is to pull yourself up to the top of the wall and swing the rest of your body over as smoothly as possible. Plenty of push-ups to strengthen your arms and sit-ups to strengthen your core are recommended as you train your body to overcome barriers easily. 3. Get the right education You might not think that a college education is a requirement for police work, but it comes in surprisingly handy. If you acquire knowledge of the important moments in the history of law enforcement, then you will have a better understanding of the inner workings of the system. Once you understand how the system works, you can work within it to effect justice. This makes you a better police officer. With the above in mind, why not consider a Bachelor of Policing? Wilfrid Laurier University created its program in conjunction with actual police officers to ensure that the content is relevant to the job requirements. This kind of program can be an incredible boon for experienced and new police officers alike, especially those determined to make a positive difference in their communities. 4. Focus on ethics and integrity Some police officers consider their weapons to be their most effective tools of the trade, but your attitude is far more important. When you focus on ethics and integrity, you lead by example and maintain a ‘clean’ reputation in your personal and professional endeavors. Ethics will help you do the right thing even if you could get away with doing less, while integrity will ensure that your ethics are part of your everyday life. When you decide to pursue a career in law enforcement, you are putting yourself in a position of authority over others. Make sure that you are worthy of this responsibility. 5. Assume that you are being recorded In the past, law enforcement officers have been able to do their jobs without too much of a public spectacle. This is rapidly changing as technology becomes a more common part of life. A decade ago, it would have been very difficult to record a crystal-clear video with excellent audio and visual quality on your phone. Today, however, this is something that even cheaper phones on the market can do. Assume that you are always being recorded whether you see a camera or not. Choose your words and actions carefully, and make sure that you are sticking to the letter of the law and behaving in a manner that wouldn’t embarrass you in a court of law. This is another area where ethics and integrity are important, as both characteristics can help guide your behavior and ensure that it is beyond question. Whether you are in the heat of a particularly difficult moment or are clear-headed and calm, your every move might be recorded in HD and used against you in the court of public opinion. Do your best to be a shining example of a law enforcement officer. 6. Take a financial planning class Police work isn’t a job that everyone continues to do into old age. It is an incredibly demanding one, both physically and mentally, and the struggles and skirmishes can take their toll over time. This means that you can really only count on a steady income while you are actively working, which might not be nearly as long as you would in other careers. Many police officers have retired only to begin new careers because they didn’t save their money while they were earning it or understand how to retain it once their career ended. A financial planning class can help ensure that this reality is not one you face. Register for a college-level personal finance class to learn how to manage your wealth, including how to obtain and retain it. This will give you the best chance possible to enjoy your twilight years after a hard career as a law enforcement officer. 7. Value your relationships outside of work Trauma and stress can build relationships quickly, but they can also destroy them just as easily as they were formed. Many police officers form fast friendships with their fellow officers and serve as moral support during the ups and downs of their careers. This is not necessarily a bad thing, and it is a natural consequence of the stressful nature of the job. However, sometimes these friendships come at the price of personal relationships outside of work. The same experiences that build in-work friendships can easily destroy out-of-work friendships if you aren’t careful. Consider maintaining your friendships and relationships beyond your workplace for a few different reasons. First, you should be able to live your life without talking about work all the time. It is an important job, but you don’t want it to define your personality. You might also find that being able to disconnect from the realities of your day job can be significantly healing. In order to retain your hobbies and life outside of the police force, you should take time to maintain your relationships that didn’t form in the office. You can have friends on the force, of course. This tip isn’t meant to dissuade you of that. It is only to emphasize that life outside of the precinct deserves just as much attention. 8. Spend time with your family In a similar vein to tip number seven, maintain your familial relationships even when you are stressed about work. Law enforcement is a somewhat unique career in that you cannot easily put it behind you when your shift ends, especially if you spend a lot of time working on call. However, you must make an effort to value your family just as much as you do your profession and remember that once you have lost time with them, you won’t get it back. You will never be able to relive your child’s first birthday or graduation day – you only get one shot at those. Be honest with your partner about your responsibilities and listen when they tell you what you stand to miss out on. Time can fly by when you are busy, and you might not realize that so many milestones are passing you by. Try to be there for the important stuff – those are the moments that you’ll remember when you’re retired and easing into your golden years. 9. Act honorably both on and off duty It is incredibly important to live your ethics both at work and outside of it. As a police officer, your reputation must be stellar. If it isn’t, you could lose a lot of trust and respect from not only your colleagues but also members of the public. After all, if you aren’t taking care of your relationships and loved ones outside of work, why should they trust you to put other people first while you are on duty? Not every relationship is destined to last, and, of course, you shouldn’t be expected to be perfect. Everyone is human. However, when you can behave honorably to your loved ones, take it. Go out of your way to do the right thing even when you aren’t being paid to do so. Many law enforcement officers have had their dirty laundry dragged in public, and it’s not a pleasant experience for anyone involved. Certain issues could easily ruin your professional life and career if they become public. Remember that public trust is the most important tool that police officers have to keep the peace and maintain their authority. Once you break it, your job becomes a lot more difficult and a lot less effective. 10. Be humble Being a law enforcement officer is an important job with quite a bit of responsibility. It is easy to let that power go to your head and think of yourself as better than the people around you. Do not become one of those police officers. Even though you will be held to higher standards than many civilians, you are not inherently more important than any of them. Do your job just like everyone else. Be a benefit to the community by being approachable, non-judgmental, and even considerate of the people around you. It costs you nothing to be polite and treat everyone with dignity and respect, but you stand to lose quite a bit if you do the opposite. For your reputation and career, not to mention the well-being of the people around you, stay humble. Are you ready to pursue a career as a law enforcement officer? The job isn’t easy, but it is an incredibly important one to the fabric of society. Your choices in the line of duty have the potential to affect entire communities, so take your time to learn everything you can before you start working. Keep our tips in mind as you embark upon this journey and good luck in your travels! Additionals: What To Look For When Researching A Criminal Lawyer?Picking the Right Law Firm for You and Your FamilyThe Basics of Criminal Appeals Law

The Role of Mental Health in Canadian Criminal Law

Exploring the interplay between mental health and Canadian criminal law presents a challenging and constantly changing scenario. The judicial system acknowledges that individuals struggling with mental health may necessitate a distinct approach compared to those without such issues, focusing on balancing justice and empathy. This article delves into the diverse role mental health plays within the Canadian criminal justice system, spanning from initial arrest to sentencing and rehabilitation. Mental Health As A Contributory Element In Sentencing A crucial aspect of the connection between mental health and Canadian criminal law lies in its influence on sentencing. The courts recognize that mental health difficulties can play a role in criminal activities and, occasionally, act as a contributory element. In determining sentences, judges consider factors such as the accused's mental state during the offense, possible connections between mental health problems and criminal actions, and the overall effect on responsibility. This comprehensive approach seeks to guarantee that sentences are equitable and tailored to individual situations. Diversion Initiatives And Mental Health Courts Acknowledging the distinct requirements of individuals facing mental health difficulties, Canadian criminal law has implemented diversion initiatives and specialized mental health courts. These alternatives strive to steer individuals clear of conventional criminal proceedings and towards programs that tackle the underlying reasons behind their conduct. Mental health courts specifically offer a more healing approach, linking accused persons with mental health resources and support instead of concentrating solely on punitive actions. Challenges In Assessing Mental Fitness Assessing mental fitness is a critical component in determining an individual's culpability and appropriate legal response. However, it poses significant challenges. Mental health assessments often require expertise from forensic psychologists and psychiatrists to provide comprehensive evaluations. The courts must navigate issues of reliability, confidentiality, and the potential stigmatization of the accused. Striking a balance between protecting the rights of the individual and ensuring public safety adds complexity to the process of assessing mental fitness within the Canadian legal system. Cases And The Role Of A Specialized Lawyer Within the broader context of mental health and Canadian criminal law, cases involving child pornography present a unique set of challenges. Accusations of child pornography offenses can be emotionally charged and complex. A specialized child pornography lawyer plays a crucial role in such cases, understanding the sensitivity and gravity of the charges. These lawyers often collaborate with mental health professionals to assess the accused's mental state, addressing underlying issues that may contribute to the alleged behavior. The goal is to ensure a fair legal process while also advocating for appropriate mental health interventions for both the accused and potential victims. Access To Mental Health Treatment For Offenders Recognizing the potential for rehabilitation, Canadian criminal law emphasizes access to mental health treatment for offenders. When mental health concerns are detected, the legal system strives to provide access to suitable treatment and assistance. This could entail collaborating with mental health experts, devising customized rehabilitation programs, and continuous supervision to make sure the individual gets the required care. Ultimately, the goal is to tackle the underlying reasons for criminal actions and encourage successful re-entry into society. The Need For Continued Education And Awareness Though progress has been achieved in recognizing mental health's significance in Canadian criminal law, continuous education and awareness remain crucial. Judges, attorneys, law enforcement officers, and the general public need to keep learning about the intricacies of mental health and criminal behavior. This involves identifying symptoms of mental illnesses, comprehending their possible effects on legal procedures, and supporting policies that emphasize the well-being of individuals within the criminal justice system. In conclusion, the relationship between mental health and Canadian criminal law reflects a commitment to a balanced and compassionate legal system. From sentencing considerations and Charter protections to diversion programs and specialized courts, the legal landscape is evolving to address the unique needs of individuals with mental health challenges. By recognizing the importance of mental health in legal proceedings, Canada is taking significant steps toward fostering a system that prioritizes justice, fairness, and rehabilitation. Read Also: 10 healthy Habits to improve your health How To Take Care Of Your Mental Health Living Healthily | Six Crucial Lifestyle Tips for College Freshmen

7 Misconceptions About Workers’ Compensation to Debunk

If you hire an attorney, your legal fees will outweigh the benefits

You need to be on duty when you get injured

You are not eligible for workers’ compensation if you caused your injury

You may lose your job if you file for workers’ compensation

You can’t get compensation if your claim is denied

The injury has to happen at a job site

Wrap up

Learn More About Social Security Disability in Deland

4 Things To Know Before You Move To Texas

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Ariana Smith

I enjoy writing and I write quality guest posts on topics of my interest and passion. I have been doing this since my college days. My special interests are in health, fitness, food and following the latest trends in these areas. I am an editor at Content Rally.

Leave a Reply Cancel reply

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Dos and Don’ts When You’re Involved in a Motorcycle Accident

10 Tips For A Successful Law Enforcement Career

The Role of Mental Health in Canadian Criminal Law

7 Misconceptions About Workers’ Compensation to Debunk

If you hire an attorney, your legal fees will outweigh the benefits

You need to be on duty when you get injured

You are not eligible for workers’ compensation if you caused your injury

You may lose your job if you file for workers’ compensation

You can’t get compensation if your claim is denied

The injury has to happen at a job site

Wrap up

Share this Article

Learn More About Social Security Disability in Deland

4 Things To Know Before You Move To Texas

Tags

I enjoy writing and I write quality guest posts on topics of my interest and passion. I have been doing this since my college days. My special interests are in health, fitness, food and following the latest trends in these areas. I am an editor at Content Rally.

Leave a Reply Cancel reply

Popular

Follow Us

Recent

Related