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4 Hurdles You're Likely To Face When Filing A Workers' Compensation Claim

28 November 2022 by Daryl Young

Getting injured at work can change your day or turn your life around. Some injuries may take a few days to recover from, while others take longer. Further, the law has provisions to ensure that you can cater to your medical and other personal needs without suing your employer after a work injury. Instead, you can file a claim by reporting the injury to your employer and their insurer. However, the process isn't always simple, especially when you do not have a lawyer. Here are the four most common hurdles you might face when filing a compensation claim and ways to resolve them.

Nobody Saw the Accident Happening

Evidence is a crucial component of the injury and claims process. Given this, your claim process can get complicated when no one witnesses the accident. Note that to get compensation, you must prove that the injury happened when you were performing your duties, that you were doing it correctly, and that you weren't intoxicated. So, if you were alone when the accident occurred, and there is no surveillance footage, the process becomes your word against the employers'. The insurance company could also claim you were reckless or intoxicated when you caused the accident. Therefore, having a workers' compensation lawyer helps you create workable ways to gather evidence and support your claim.

There Are Inconsistencies in the Medical Records

Another common source of complications with the claims process is if you have inconsistencies between the accident report and medical records. As such, your claim could get denied if you aren't aware of what the medical professional writes down on your report. For example, they might write that you got a leg injury in your medical records, but the accident report states that the injury affected your hand. Given this, it is best to have a legal professional assess all these documents before filing them to help you avoid losing your claim.

You Got Fired Before the Claim

Getting fired before filing a compensation claim can ruin your chances of getting an easy settlement. This is because most insurance companies and adjusters might think you filed the claim as revenge against the employer for firing you. In such a case, a lawyer can help you show that the two events are coincidental and not correlated.

You Didn't Sign Some Documents

You must sign key documents when going through the claims process. However, it is understandable to take caution when signing things because you do not want to sign anything you don't understand. That said, adjusters can use unsigned documents as an excuse for rejecting claims. However, a competent lawyer can help you work around the issue.

The ideal way to work on a compensation claim is with the help and guidance of a competent workers' compensation lawyer. They can assess your situation, gather evidence, and present it in a way that gives you the best outcome.

Talk to a workers' compensation lawyer for more information. 

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