Factors That Could Hurt Your Workers’ Compensation Case

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What Factors Might Affect Your Workers’ Compensation Case?

If you’ve been involved in a workplace accident, you may be eligible for workers’ compensation. However, if you are considering taking up a workers’ compensation case against your employer, there are some things you need to be aware of. Certain actions at work or legal missteps might put you at risk of losing your case, but a workers’ comp lawyer can offer some advice on what you should avoid. We can walk you through your options and help provide valuable perspective about your workers’ compensation case.

Trying to Claim an Off-Site Injury

You might assume that the idea of what constitutes a workplace injury is cut-and-dry, but this is not always the case. For example, many people now work remotely. In some cases, an employer may still be liable for injuries at a remote workplace. The issue here is that few insurance companies, and not many employers, will be willing to accept a workplace injury claim that did not occur on-site or in-office, even if it was technically work-related. These types of workers’ compensation claims do not necessarily get universally denied, but it may prove a lot more difficult to win compensation.

Waiting Too Long to Make a Claim

One of the more common reasons for a denial is the claimant waiting too long to bring a case against their employer. A workplace injury is something that needs to be reported immediately so the necessary processes can begin. Your employer should investigate the circumstances of the accident while you get your injuries medically evaluated. Waiting too long to report a workplace injury creates the impression that the injury was not all that severe and makes it easier to deny your workers’ comp claim. Reporting the accident and seeking medical help as soon as possible are vital to a successful workers’ compensation case.

Being Careless or Irresponsible at Work

Few people want to admit that an injury or accident is their own fault, especially if it was through carelessness or even dangerous behavior. Before you begin the process of your compensation claim, however, it is important to be honest about what caused the accident. If you were injured as a result of joking with other co-workers and getting carried away, you are less likely to win. Further, if you were injured as a result of being intoxicated or under the influence at work, then you will certainly be denied.

Not Hiring a Workers’ Comp Lawyer

Ultimately, not hiring a workers’ compensation professional is the easiest way to get a swift denial. The application process is complicated and stressful, and getting overwhelmed is enough to make you give up altogether. A professional legal expert will be able to help you assess your case, look at your options, and fight by your side to win your compensation. Workers’ compensation attorneys are the experts in this area and will be able to tell you realistically what you can expect from your case.

Talk to a Professional About Your Workers’ Compensation Case

If you’re looking for professional, detailed and compassionate help with your workers’ compensation case, contact The Alberhasky Law Firm. We are dedicated to helping those injured in the workplace win the compensation that they deserve.

About the Author

When it comes to workers’ compensation cases, Randy Alberhasky has over 25 years of experience. During his legal career he has personally tried over 200 workers’ compensation hearings and jury trials in courts throughout the State of Missouri. Many people who have suffered from a workplace injury and illness are unaware of the legal action they can take to receive the financial compensation that they’re entitled to.  The Alberhasky Law Firm, P.C. is proud to help our clients receive the compensation they deserve.

About Randy

During his legal career he has personally tried over 200 workers’ compensation hearings and jury trials, has been counsel in over 50 cases before the Missouri Labor and Industrial Relations Commission, 35 cases in front of the Missouri Court of Appeals and 3 cases before the Missouri Supreme Court. Read More…

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