Not all workplace injuries happen quickly due to an accident. There are many cases involving repetitive motion disorders, such as carpal tunnel syndrome, that develop slowly over time or situations where a seemingly minor injury manifests over time and worsens to a disabling state. And this is not to mention injuries that happen on one particular job and worsen after changing employment. Workers’ compensation claims can be difficult to prove in certain situations when the injury is not the direct result of an accident at a central work location, but it can be accomplished with solid evidence validating a claim. The problem for workers is that workers’ compensation insurance law requires that injuries be job-related regarding employee work responsibilities for benefits to apply. Certain activities such as horseplay while on break or other unnecessary actions on the part of the employee can easily render a claim invalid. Claims can also be filed in retroactive work situations where an injury worsens over time or after having taken different employment following the fact. Cases can be unique and complicated, and many times receiving worker’s compensation benefits requires skilled workers’ compensation lawyers handling the case to prove the medical issue is actually a workplace injury.
Workplace Location Can Matter
Establishing that an injury happened on the job is always necessary for any valid workers’ compensation claim. The problem is that this is not always a clear-cut fact, and many times it will take witnesses and details from remote job assignments to connect the injury to actual work responsibilities. Certain industries such as construction will almost always require workers to be stationed in remote job sites where construction projects are located, and those in route sales positions are almost always in transport. The best step when being injured even in a remote location is to notify a supervisor as soon as possible after it is realized that there is no emergency. Injuries that occur on company property typically qualify immediately, but the nature of the injury can also give the employer a defense against a claim. Additionally, the time at which the injury was realized can matter as well. Not all employees punch time clocks, and sometimes an injury can occur when an employee is required to attend extra functions to maintain employment such as mandatory attendance at an industry function.
Severity of Workplace Injury
Another factor can be counterclaims against the severity of the injury. Medical diagnosis reports can suffice as evidence of injury when it is diagnosed, but some injuries to the limbs could be argued as soreness instead of injury. Soreness in a body part is not always considered an injury, but medical evidence indicating an underlying problem could establish the injury as covered when there are extenuating factors that employers or insurance companies want to use in support of a claim denial defense. Workers’ compensation insurance companies investigate all claims for fraud, and it is not unusual for any of them to hire an investigative team to compile a report on a claimant that they will use in reducing benefits or outright denying that a claim is valid.
Repetitive Stress Injuries
Repetitive stress injuries are practically in a separate category when it comes to filing workers’ compensation injury claims. Medical issues such as carpal tunnel syndrome and back injuries are easily the most common in this class. While some back injuries are associated with specific accidents or injuries suffered while at work at an unquestionable location, many also develop over time due to constant activity and stress while on the job. These injury claims are often strongly defended by both employers and workers’ compensation insurance companies, and it always takes aggressive and detailed representation from an experienced workers’ compensation law firm that understands how to prove the injuries are actually work-related medical issues.
Contact Our North Carolina Workers’ Compensation Attorneys
The legal professionals at our law firm understand the difficulties that injured employees face when they have suffered an injury at work that is being contested by employers. This can apply to former employers as well as present employers, and often many employees who have complained of an injury and were denied workers’ compensation benefits have even been terminated for other reasons by an employer in an attempt to avoid the claim altogether. These problems are more common than many workers realize. Call us today if you have been injured at work and let our workers’ compensation lawyers evaluate your case for workers’ comp benefits and any other liability situation that may result in a personal injury claim.