Common Workers’ Compensation Myths

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Common Workers’ Compensation Myths

Workers Comp Info
Posted on Jul 14, 2026

Getting hurt at work is at best inconvenient and at worst, life-changing. There are many common misconceptions about workers’ compensation claims and benefits, but the only surefire way to protect your rights is to speak with an experienced North Carolina and Virginia workers’ compensation lawyer.

 

In the meantime, let’s bust some myths about workers’ compensation claims in Virginia or North Carolina.

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Myth #1: It’s your responsibility to prove your employer was at fault.

Not true. If you’ve suffered a compensable accident as an employee at your workplace, you have the right to file a workers’ compensation claim.

  • Q: What is a compensable accident? 
  • A: In general, a compensable accident is a work-related injury that arises out of and occurs in the course and scope of your employment.

If your injury meets these legal requirements, you may be entitled to workers’ compensation benefits, including medical coverage and wage replacement.

 

Myth #1: Busted.

 

Myth #2: You can’t file a worker’s compensation claim if you were negligent.

False. As long as your conduct did not constitute an intentional violation of a company rule, you can and should file a claim with:

Even if you were careless and inadvertently caused a workplace accident, you can still file a claim for worker’s compensation benefits.

 

Myth #2: Busted.

Myth #3. Only Manual Laborers Can File Workers’ Compensation Claims.

Not at all true. Anyone can be injured on the job, including:

  • White-collar professionals
  • Healthcare workers
  • Teachers
  • Researchers
  • Law enforcement
  • Military servicemembers
  • Construction workers
  • Manufacturing technicians
  • Blue-collar professionals

Exceptions may apply to farm workers or railroad employees, per specific laws or insurance coverage pertaining to those conditions.

Never assume that you don’t have a valid claim. It’s always best to check with an attorney who specializes in workers’ compensation claims in your state.

If you were hurt at work in VA or NC, call Rutter Mills today (757) 777-7777. We’ll explain your rights and help you determine next steps.

 

Myth #3: Busted.

Myth #4: You Can’t File A Workers’ Compensation Claim With A Pre-Existing Injury.

False—don’t assume the worst.

In Virginia, the standard for medical causation is especially liberal for worker’s compensation claims. As long as you’ve been evaluated by a medical professional and found to have demonstrable aggravation, your claim is valid, regardless of prior injuries.

Q: What is demonstrable aggravation? 

A: Demonstrable aggravation is when a pre-existing injury or condition is made worse by your work, and that worsening can be shown with medical evidence.

When a new injury incurred at work contributes to pre-existing symptoms or disabilities, you may have a legitimate workers’ compensation claim.

  • Q: How do I file a workers’ comp claim with a pre-existing injury in VA or NC? 
    • A: In Virginia, your doctor must write an opinion letter.
    • A: In North Carolina, your doctor must provide a sworn deposition attesting to demonstrable aggravation of your pre-existing condition.

 

Myth #4: Busted.

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Myth #5: You Can Trust Your Employer To Protect Your Rights.

Not a good idea. While some employers may be kind enough to immediately begin temporary disability benefits or cover medical bills, it’s not something you should ever rely on. As any workers’ compensation attorney will tell you, an employers’ kindness typically only lasts so long.

  • Q: I thought workers’ comp benefits were paid by insurance, not the employer?
  • A: That’s right. Your employer reports the claim, but the insurance company handles eligibility and pays the benefits.

This is where relying on kindness can lead to trouble for well-intentioned injured workers: the insurance company doesn’t know you, your family, or your employer. Their job is to avoid paying you, or minimize your payments. And generally, employers do what insurance companies tell them to do, to protect their business.

Your benefits could terminate at a moment’s notice, due to a simple technicality or even a false claim:

  • No Formal Award of Benefits by the North Carolina Industrial Commission or the Virginia Workers’ Compensation Commission
  • Claiming that you’re not an employee of the company
  • Arguing that your injuries didn’t happen at work
  • Denying that your injuries ever occurred or aren’t serious
  • Denying that your injuries are related to a pre-existing condition
  • Insisting that you’re able to return to work without medical approval

Kindness can’t protect your rights when faced with these arguments, or in the event of future medical complications.

Only an attorney can. 

 

Myth #5: Busted.

Part-Time Myth Busters. Full-Time Attorneys.

Work with an experienced Rutter Mills Workers’ Compensation attorney to streamline the processes and anticipate requirements, deadlines, and more. We’ll coordinate with your doctors, verify the severity and impact of your injuries, and fight for the compensation you deserve. 

Contact us online or call us at (757) 777-7777.

Call Rutter Mills

We hold employers and companies accountable for their negligence that caused your injuries to help you get the support you need for your recovery. Call or text 24/7 at 757-777-7777 or fill out our contact form here to get in touch with one of our attorneys.

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