If you have sustained an injury at work, then you have the right to receive worker's compensation. And, while some claims can be settled easily and quickly, this is rarely the case for an injured employee. There are some circumstances that can definitely complicate things. Keep reading to learn about a few situations where you should obtain worker's compensation attorney services.
You Have A Pre-Existing Condition
If you have a pre-existing medical condition, then this may complicate your worker's compensation claim. This may be due to the exacerbation of the condition due to your recent injury. For example, if you have osteoarthritis and injured an arthritic knee at work, then it may not be completely clear that the worksite incident is responsible for the injury.
A lawyer can help to make sure that your injury is clearly a work-related one. Your lawyer will also know the specific laws in your state and how a preexisting condition affects your claim. Most states will allow for a claim for an exacerbation of an illness or the worsening of a previous injury.
Some states do not allow a worker's compensation claim for exacerbations or reinjuries. However, your lawyer can help to ensure that the re-injury is classified as a new injury based on previous medical records. For example, your latest physical may reveal good function, mobility, and range of motion despite your diagnosis of arthritis. When this physical is compared to a recent physical or diagnostic test, then a clear injury can be proven.
Your Employer Denies The Injury
If your employer denies that your injury even happened at work in the first place, then it is wise to seek out services from an attorney. When this happens, your claim is likely to be denied outright. And, many individuals think that they have no recourse once a claim is denied. This is not true though, and your attorney can help you with the appeals process.
A worker's compensation claim that is appealed will most likely be heard in court. During the hearing, your lawyer can help you to gather evidence of the injury. Evidence may include witness statements, video recordings of the workplace, safety records of the business, and past injury claims from other employees.
Additionally, the attorney will help to create a link between the injury and your workplace. This may mean calling physicians and other medical professionals who can testify that your specific injury was one that could be created in the way that you claim. For example, if you sustained a fracture to your humerus due to a fall from a ladder, the physician can help to explain how the height of the fall along with your specific body movements caused the fracture.
If you need worker's compensation attorney services, reach out to an attorney near you.
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