At the law firm of Frasier, Frasier & Hickman, LLP, our mission is to fight for the rights of people like you

What are some common workers’ compensation defenses?

A workplace injury can leave you facing a wide range of struggles. You might be left unable to work for a period of time and your medical expenses might be through the roof. Coping with these financial stressors can become overwhelming, especially when you’re dealing with the pain from your injury. While workers’ compensation benefits might help provide some financial stability during your recovery, you should note that these benefits aren’t automatic.

Know the common defenses to workers’ compensation claims

One way to increase your chances of success on a workers’ compensation claim is to anticipate and prepare to rebut common defenses. Here are just a few of them:

  • The injury isn’t work-related: To qualify for workers’ compensation benefits, your injury must have been suffered or exacerbated by your work duties. Oftentimes employers and insurance companies try to tie your injuries to your personal life.
  • Horseplay: You might be accused of being injured on the job because you were messing around or otherwise acting carelessly. This could lead to a denied claim. So, too, can evidence that you were acting in violation of your employer’s safety policies.
  • Your injuries aren’t severe enough: If a doctor determines that your injuries aren’t as significant as you think they are and, as a result, you are able to continue working, then your claim is in jeopardy. This is why dealing with the right medical professionals is often crucial in these cases.
  • Timing: Workplace injuries need to be reported to your employer in a timely manner, and workers’ compensation claims need to be filed within a certain period of time. If you fail to adhere to these timeframes, then you might be left without the resources you need.

If you want to maximize your chances of success on your workers’ compensation claim, then you need to know the law and how to aggressively apply it to the facts of your case, all while keeping an eye on and preparing for the defense’s tactics. It’s not an easy process, and one seemingly minor slip up can cost you the benefits you need and deserve. So, don’t leave anything to chance. Instead, consider working your case with a knowledge legal professional.


RSS Feed