Understanding the Basics of Consumer, Financial and Personal Injury Law

3 Blame Game Tactics Used During Worker's Compensation Claims

So you have been injured on the job, you do your part to file an accident report as you should, and you expect that you will be paid for your doctor's visits and time off of work. Unfortunately, worker's compensation claims are rarely this cut and dry even though they should be.

You may be left waiting for months for any form of payment and wading through the red tape of the claims process against people who seem to be out to get you. First off, enlist the aid of a good worker's compensation attorney, and then prepare yourself by understanding the down and dirty ways you will probably get blamed for your own injury.

1. Blame: You were hurt because of your own negligence.

One of the common ways your employer and their insurance company will try to take the liability of of their own shoulders is by making this claim. They may say you were injured because of extreme misconduct and your own negligence. While this does not change the fact that the claim can still be covered by worker's compensation, it can change the outcome of your case and the amount of sympathy a judge will have on you if your case does have to go all the way to trial.

2. Blame: You were already injured before you came to work.

Do not be surprised if your employer and their attorneys start digging for previous medical history after your initial claim. This may involve trying to get access to statements from medical professionals and even coworkers about any injuries and illnesses you had before the accident. This is usually done during an attempt to prove that your injury was not actually work-related or to prove that what happened at work only exacerbated something already present.

3. Blame: You were not injured on company time or on the premises.

During a worker's compensation claim, it is imperative that you walk a fine line when it comes to what you say right from the start. If, for example, you were injured on your lunch break, be sure to make it clear that you were still on-site or in the building. Your employer can easily try to shift responsibility by claiming you were not injured in the workplace.

When it comes down to it, you should not be shocked when an employer you thought valued you changes face completely after an accident. Be sure to keep your attorney well-informed and on your side to avoid being stuck at the end of a pointing finger for no reason at all. To learn more about workers compensation cases, visit The Law Firm of Fitzgerald, Reese & Van Dyne, Co.


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