Josephine's Personnel Services, Inc.

Workers Compensation – Myths, Facts and FAQ’s (Part 2)

January 14th, 2014

glovesIn part one of our blog post series, we conveyed the idea that worker’s compensation remains one of the most misunderstood aspects of employment. We began by introducing four important facts for understanding the concepts associated with worker’s compensation, and today, we uncover four myths that frequently cause confusion among management and employees alike.

The myths are:

1. Employer responsibility is fulfilled when the claim is settled:  After a claim is paid and the medical care has been covered, it is essential for the employer to begin carrying out some strong employee relations. Quality employers should be keeping up with their injured employee by following up and checking in on a regular basis throughout their recovery. Additionally, employers should implement a return to work program that would allow the injured party to come back to the place of employment and be productive in the office.

2. Employees have one doctor that they are legally able to visit: Typically, in order to be covered under worker’s compensation, employees have to visit the company approved doctor; but keep in mind that employers are required to provide a list of at least 6 approved doctors to their employees in order to provide plenty of choices for the injured party

3. Employee pain and suffering will result in a large pay out: This is simple. Pain and suffering are not covered by the Worker’s Compensation Act and there will not be large payouts delivered for your emotional distress or suffering.

4. Employees can sue their employer since the injury was at work: This is a very common misconception among employees who suffer a work related injury and seek worker’s compensation. In part one of this series, we discussed the idea of a no fault clause meaning that regardless of who caused the injury, if it is work related, it is covered with full compensation benefits. This no fault clause also serves as protection for employers as they cannot be sued for the injury; however, any third party that was directly involved in the injury can be sued.

As you can imagine, there are dozens of myths floating around concerning what is and isn’t covered by worker’s compensation, as well as the responsibility of an employer and employee. And while these are only a few of the many, we are sure they will aid in your full understanding of the topic. Be sure to check back next week as we answer some frequently asked questions about worker’s compensation. You won’t want to miss it!

About Josephine’s Professional Staffing

Founded in 1988, Josephine’s Professional Staffing has nearly 25 years of business success and is continuously committed to providing superior quality staffing solutions to companies in the Bay Area. We proactively and consistently search for avenues to provide staffing solutions in the field of administrative, accounting, healthcare, light industrial, technical and professional services while taking pride in each of our employees. Josephine’s Professional Staffing is a Certified Small Business Enterprise (SBE), Underutilized Disadvantaged Business Enterprise (UDBE), and Minority Woman-Owned Business Enterprise (MWOBE). We can be reached at or 408.943.0111 and are located at 2158 Ringwood Avenue, San Jose, CA 95131

Photo Credit: RachaelVoorhees

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