When trying to determine if a certain injury is going to be covered by workers compensation insurance, there are a few factors that must be considered. However, the main, determining factor is whether or not the injury was job-related.
Did the injury occur while you were at work and working? Or due to the type of job you were doing? Were you on your way to work or to some type of work function? Answering these questions can help you determine whether or not you can get workers comp for the injury you have suffered.
However, that doesn’t automatically mean that any and all injuries are going to be covered by workers compensation. Here you will find 10 injuries that may not be covered.
Injuries that May Not be considered Work-Related
- Heat stroke
- Skin Cancer
- Food poisoning
- Hearing loss
- Emotional distress and anxiety
Proving Workers Comp Claims
When you are making a claim for workers compensation, you have the responsibility to prove that you should actually receive the benefits. This is the same principle of the burden of proof that is applied to a plaintiff in a traditional civil lawsuit. Essentially, you are requesting something and the law states that you have to prove or established why you deserve what you have asked for.
However, workers compensation claims are different from civil lawsuits because you don’t have to prove fault or negligence. The workers compensation system is considered a no-fault system, which means that all you have to do is establish that you have met the requirements according to the law. In most cases, it is best to hire a workers compensation attorney to help you do this.
Evidence Helpful in a Workers Compensation Case
To prove that you deserve workers compensation benefits, you need to produce evidence. This is typically in the form of various documents or testimony. Some of the types of evidence that are beneficial to your attorney when proving your case include:
- Medical records related to the injury sustained
- Accident reports
- Employment records
- Testimony from witnesses
- Information from expert witnesses
How an Attorney Can Help
If your employer has disputed the worker’s compensation claim that you have made, then it may be necessary to have your attorney perform an independent investigation related to the circumstances of the accident. A quality workers compensation lawyer will help you with the investigation phase of the claim, and once all the evidence has been gathered, they will use it to make an argument on your behalf. Lawyers can also negotiate for you to help and settle the claim or represent you while you are trying to make a formal claim.
If you need help with your worker’s compensation case, contact personal injury lawyer Scott J. Sternberg by calling 561-419-9377. You can schedule a free consultation to learn about the rights that you have in your worker’s compensation case and whether or not you have the right to receive benefits.