When Workers' Compensation Rulings Don't Go Your Way
Hurt workers can encounter problems when they get hurt at work. You may be surprised when the insurer fails to approve your claim or makes an adverse ruling against you. Read on and review some common issues injured workers must put up with after a work injury.
- The insurer ruled against you because the accident occurred elsewhere. Unfortunately, this is a common problem for hurt workers. However, you are entitled to workers' compensation benefits if the injury happened while performing work duties. Accidents don't always have to be on company property for the injury to be covered. Don't accept this faulty ruling. Contact a workers' compensation lawyer and find out what you can do to appeal the ruling.
- The insurer is claiming that you are suffering from a preexisting condition. It's difficult to find anyone that does not already have a medical condition or past injury of some sort. If your injury was the result of a preexisting condition, it may still be covered by insurance.
There are at least two times when you are covered, even if the injury was the result of a preexisting condition. These include:
- When you have a previous work-related injury for which you filed a claim previously, you are always covered if your new injuries are connected to past workers' compensation claims. For instance, if you previously hurt your back at work, filed a workers' compensation claim, and gained benefits from that injury, you are covered for any issues related to that previous claim.
- When you have a preexisting condition that was made worse by working conditions, you are covered. For instance, if you were diagnosed with high blood pressure, a heart attack or stroke should also be covered if you can show that your condition was made worst by a stressful job. You are turned down for benefits because you have no proof that your injury is work-related. This can happen when an employee is hurt but there is no one around to witness it. Your employer is supposed to corroborate your accident but many fail to do so. You may need to speak to a workers' compensation lawyer about locating witnesses or video of the accident. After earning workers' compensation benefits, you are told to return to work. Unfortunately, you are not well enough to do that. You will need to challenge that ruling by asking for a second doctor's opinion on your health. Speak to a workers' compensation lawyer and find out about your rights to another examination and how to handle it.
The above and other problems don't have to stop your claim. Speak to a workers' compensation lawyer to find out more.