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Top 5 Myths of Workers' Compensation Claims

Thumbnail image for Workplace Photo.jpg1. I can be terminated if I file a workers' compensation claim?

2. I can't file a workers' compensation claim if I am receiving short term disability or other disability benefits?

3. I won't be able to treat with the doctor of my choice if I file a workers' compensation claim?

4. I can't file a workers' compensation claim if I am receiving unemployment benefits?

5. My health insurance will continue during my receipt of workers' compensation benefits?

The above five statements are all false. In fact, if you are terminated for filing a workers' compensation claim, you may have a retaliation claim against your employer entitling you to benefits above and beyond your workers' compensation entitlements of wage loss, medical treatment and potential vocational rehabilitation. You can file a workers' compensation claim regardless if you have already filed for or are receiving other disability benefits including social security disability or unemployment benefits. Other benefits coordinate with workers' compensation which means they may reduce your workers' compensation payment but not discontinue receipt. You have the right to treat with the doctor of your choice after 28 days from the date of injury. The doctor does not have to be within any network of doctors and there is no requirement for a referral. Your right to continue health insurance is only protected by the Family Medical Leave Act (FMLA) and is only required to continue for 12 weeks if you qualify.

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