Six Common Misunderstandings About Workers Comp for Construction Employees

Last Updated on March 14, 2023 by Admin

In the U.S., workers’ compensation, which is more commonly known as “worker’s comp”, is a government program that provides workers who become injured or ill as a result of their work with benefits

It is available to employees in the construction industry and many other industries

The program enables injured or ill workers to claim either or both healthcare benefits and cash benefits.

Many employees misunderstand certain things about worker’s comp, though. So, let us set the record straight.

Here are six common misunderstandings about worker’s comp for construction employees.

1. The Same Level of Compensation Is Available in All States

Many workers in the construction industry believe that the requirements for claiming worker’s compensation remain the same from state to state.

But in fact, the precise benefits that workers may be able to claim vary from one state to another.

Furthermore, not all employees are covered in all states. For instance, in some states, small businesses are excluded from having to provide injured or ill employees with worker’s comp.

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2. The Insurance Company Is Always on Your Side

Insurance companies are the ones that handle claims by workers who are injured or become ill due to work-related activities and give out benefits.

But it is a common misconception that insurance companies always payout.

They will want to pay out as little as possible, so do not make the mistake of thinking the insurance company is on your side when you make a claim. Insurers can use various tactics to deny claims.

However, as long as you have a worker’s compensation lawyer working on your behalf to recover compensation for injuries at the workplace, you can better ensure that you are able to receive the maximum benefits that you are entitled to.

An experienced lawyer will look at the facts of your case and review the insurance policies to determine the benefits you are eligible for.

Furthermore, some employers push injured workers to return to work before they are physically ready. With the assistance of an attorney, you can ensure you do not go back to work for your construction company until you are physically ready.

3. You Could be Fired if You File a Worker’s Comp Claim

Some construction workers who are injured or become ill in relation to the work they do mistakenly believe that their employers can fire them for filing worker’s comp claims.

In actuality, it is illegal for an employer to fire a worker who exercises his or her right to file a claim.

4. Workers Can Receive Amounts That Are Equal to Their Full Salaries

Many workers in the construction industry think they can receive compensation that matches their full salaries. But usually, the amount is less.

Typically, construction workers can claim up to two-thirds of their gross salaries.

However, most benefits from worker’s comp are not taxable at either the state or federal level.

5. Only Full-time Employees Are Eligible for Worker’s Comp

Another myth around worker’s comp is that only full-time employees are eligible to claim the compensation. But that is not true.

As long as you are on the payroll, whether you are a full-time, part-time or seasonal worker, you are legally entitled to claim worker’s comp if you are injured or become ill as a result of your work.

6. You Are Only Eligible for Worker’s Comp if Your Injury Occurs at the Job Site

One more misconception concerning worker’s comp is that employees are only eligible for compensation if they are injured on the job site.

In fact, workers can sometimes claim benefits if they are injured off-site during work-related activities.

Though, it will depend on the specific circumstances. For instance, if you are injured at a work-related conference or while commuting to meet a client, you may be eligible for worker’s comp.