How Hurt Workers Should Deal With Adverse Workers' Compensation Rulings
Posted on: 9 December 2022
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Being hurt because of a work situation can bring about several changes. In most cases, injured workers are entitled to a host of benefits thanks to their workers' compensation coverage. However, that can change if they receive an adverse ruling. Find out more by reading below.
What Is an Adverse Ruling?
It can be annoying and confusing to learn that the help you depended upon may not be there for you. However, you must realize that an adverse ruling on your case is not the end of things. The workers' compensation insurer may hand down faulty rulings on your case, but workers can take action when that occurs.
What Could Go Wrong?
Workers' compensation is offered to employees in most workplaces and the worker never has to pay a premium. However, this type of insurance can be difficult to work with and many workers experience issues with their claims. Below are some issues that might result in a denial of benefits along with how workers can deal with the adverse ruling:
Location
The insurer denied a claim for benefits based on the accident not occurring at work. This common problem means that the worker needs to do more to show that the injury or illness is related to their job. Some claims are unjustly denied because the accident occurred in relation to a work situation but not on work property.
Speak to a workers' comp attorney for help in establishing your right to your benefits if your injury happened on a business trip, while at a work training, at a work party, and so on.
Preexisting Injury
The insurer is saying that you were already injured. You can be paid for preexisting conditions when a work injury occurs. However, you will need to prove that the preexisting injury or illness was made worse by work conditions. Medical records should be obtained that link a preexisting condition to your most recent claim.
Returning to Work Prematurely
The insurer has decided that you should return to work even though you are not ready. Insurers may ask hurt workers to undergo an exam to determine their status. In some cases, the doctor performing this exam may determine that you can work again. Never return to a job if you are not ready. Speak to a workers' comp lawyer and they can support you while you seek a second opinion.
Low Settlement
The insurer has determined that you are owed a settlement, but they are offering a low amount. Your workers' compensation lawyer will determine how much you are owed and negotiate with the insurer to get it for you.
To learn more, speak to a work-related accident lawyer.