faulty bicycle hurt my son

« Back to Home

Potential Disputes To Overcome With Your Work Injury Case

Posted on

You were just doing your job as usual when the unexpected happened. Maybe you tripped, maybe you slipped, maybe you fell but the end result is the same. You suffered an injury in the workplace and are now seeking to file a workers' compensation or work injury claim with your employer. But in some cases, your employer might push back and try to deny your claim or reduce its own liability. Here are some of the potential situations you might run into and how the right lawyer can help.

Disagreement Over Extent of Injury

Perhaps your employer has noted that you were injured on the clock through no fault of your own but they are balking at certain terms of your claim. Perhaps you are claiming ongoing pain and suffering or the need for ongoing medical treatment for the foreseeable future. They may want to pay you for the time you missed while recovering but not for ongoing expenses. You may need to provide evidence of those future expenses and show how they are clearly tied to the injury you received.

Allegations You Have a Pre-Existing Condition

Your employer could also try to lessen your claim by stating that your injury was at least partially due to a pre-existing condition health-wise that has nothing to do with the workplace incident. If your pre-existing condition is at least partially to blame, this may allow your employer to avoid a payout in full or avoid giving you the payout you feel you deserve.

Claiming You Bear Some Responsibility

Your employer could also argue that your own actions on the day in question are responsible for helping to cause the accident or injury. They could claim that you were not following proper safety protocols, for example, when climbing up on a ladder before suffering a fall. You may be able to fight back against a situation like this if you have witness statements or video evidence of the fall.

Outright Denial of Your Claim

The above disputes may serve to mitigate your employer's responsibility but there may also be cases where your employer tries to deny your claim altogether. They could claim that you are directly responsible for the entire incident and the business carries no blame whatsoever. Again, having the right evidence to rebut this point of view will be key. 

Contact a Work Injury Lawyer

For best results when seeking compensation for a work injury, hire an attorney sooner rather than later. The right attorney can help you gather evidence including photos or video of the incident, eyewitness statements of what happened as well as presenting your medical history in a way that makes the hardship you are currently going through abundantly clear.

Contact a local work injury lawyer to learn more.


Share