Whether it’s because they don’t want to deal with the prospect of increased workers’ compensation insurance rates, or they truly don’t believe the injury is work related, we’ve seen a number of cases where a worker has said that they don’t know how to proceed with their case because their employer said the injury the worker suffered was not work related. What should you do if your boss said your injury didn’t arise out of the scope of your employment? Answering that question is the focal point of today’s blog.
Proving Your Injury Was Work Related
When it comes to receiving compensation for a work injury, there are usually five common players in the mix. There’s the employee, the employer, the employer’s insurance company, the treating physician and a workers’ compensation attorney. What we’ve found is that when an employee suffers what they believe is a work injury, oftentimes the employer and the insurance company try to control the narrative, because their interests are aligned. That’s ironic, because those two players are the least knowledgeable of the five about a worker’s injury.
The employee knows what they are feeling and what actions trigger pain, the physician has the medical tools and expertise to reveal physical injuries and understand the biomechanics behind the injury, and a workers’ compensation lawyer has a great deal of understanding of how years of physical labor can lead to injuries, and how the two factors are related to one another. To your employer and your insurance, oftentimes you’re just an expense and a claim number, yet they are the ones arguing the loudest that your injury didn’t occur at work or that it isn’t compensable. Don’t listen to them.
Who To Trust
If you truly believe your injuries are a result of your employment or your job duties, trust in your doctor and lawyer to prove you case. Start by documenting your injuries, including when symptoms first started, what actions make them worse, and what physical duties you perform and have performed over the years at your job.
Next, head into a physician’s office for a thorough medical examination. They will be able to diagnose your injury and provide you with a disability rating, and it will help to have your ailments documented on record. Take these findings and give them to your workers’ compensation lawyer. They’ll listen to your case and begin to build an argument that clearly shows a link between your work duties and your physical injuries. They’ll be able to file the claim on your behalf and contest any pushback they receive from your employer or their insurance company.
When it comes to proving that your injuries happened at work or are related to your job duties, trust in yourself, your doctor and your lawyer. Your employer or the insurance company may try to pressure you into thinking differently, but don’t fall for their tactics. Aside from acute injuries, we’ve proved that injuries like carpal tunnel, respiratory injuries and even cardiac events have been linked to work requirements. Let us get you the compensation you deserve. Reach out to Dean Margolis and his team today for more information.
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