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Issues that could undermine your workers’ comp case

On Behalf of | May 19, 2023 | Workers' Compensation |

If you get injured on the job, you may think it’s pretty clear that you should be covered by workers’ comp. You know that your employer carries workers’ comp insurance and is required to pay out to cover a part of your lost wages, your medical bills and related costs.

Unfortunately, there are some issues that could come up that could undermine this case, and that could lead to a denial.

You were engaging in horseplay

In order to qualify, you needed to be reasonably attempting to work safely and performing the duties of your job at the time that you were injured. If you were instead engaging in horseplay, or perhaps purposely doing something dangerous, that could invalidate your claim. While it usually doesn’t matter if a worker was at fault for their injuries, if they were acting in particularly unsafe ways, there is a risk of claim denial.

You were under the influence

It’s also very important to be sober on the job. Someone who is under the influence of illegal drugs or alcohol – or even medication, under certain circumstances – may experience having their claim denied.

You didn’t get medical attention

Finally, it’s just very important to seek medical attention as soon as you get injured. You’ll want to report the accident to your boss right away and make sure that you don’t miss important deadlines. Then go to a medical professional, have them do an evaluation and get an official diagnosis of the injury that you’ve suffered. Workers who skip out on getting treatment may be denied if they come back later and try to get benefits, oftentimes because they lack the medical evidence that may be necessary to substantiate their claim.

Regardless of the circumstances under which you were hurt, chances are very high that you are entitled to benefits. However, if complicating factors are features of your situation, it will be particularly important that you seek legal guidance as proactively as possible.


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