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Workers’ Compensation Claims Often Disputed by Employers and Insurers

helping worker who fell on sidewalkThe burden of proof in a workers’ compensation claim is on the employee. He or she must prove the injury occurred at work and was related to his or her job. While this may sound simple, it can often become much more complicated, particularly with certain types of claims.

Below, learn more about workers’ compensation claims that are often disputed by employers or their workers’ compensation insurers, including claims about injuries that happened offsite, claims for occupational diseases and claims involving injuries that happened without witnesses.

The Fresno workers’ compensation lawyers at Berry, Smith & Bartell offer a free, no-obligation legal consultation to discuss your situation. Whether you have already applied, or your claim was denied, we may be able to help you pursue the benefits you need while you are out of work or disabled.

Claims Involving Offsite Injuries

Generally, claims involving injuries that occurred at the worksite are easier to prove than claims that occurred elsewhere. For example, if you were on a business trip you may have trouble proving you suffered a work-related injury. You may not have been around co-workers who could corroborate that you were injured while engaging in work-related activities. You may also have trouble proving an injury was work-related if you were working remotely.

Another type of claim that may be disputed is one involving an injury while you were on your lunch break. If you were eating in a breakroom at your worksite, but you were on call, you may be eligible. If you left the worksite to get lunch, you may not be covered.

Occupational Disease/Repetitive Use Claims

Most work injuries result from a single incident, such as a slip and fall, explosion or electrocution. However, there are other injuries that develop over a longer period, often from repetitive activities that put a strain on the body and eventually cause pain and other symptoms.

There are many different occupational diseases, such as back injuries, soft-tissue injuries and carpal tunnel syndrome. These injuries could be caused by work activities, but they could also be caused by things outside of work. For example, these injuries may occur if someone is doing home repairs or doing a lot of typing on a computer, such as for classes someone is taking at a college or university.

As your employer may be able to argue your injuries occurred outside of work, they will likely do so. The burden of proof is on you, and it can be challenging to connect a back injury to your job. This is particularly true if you did not go to the doctor as soon as you began experiencing symptoms.

Preexisting Injury Aggravated by Your Job

It is possible to obtain compensation for aggravation of a preexisting condition. However, establishing that your job aggravated an existing injury can be quite challenging. That is why it is important to continually update your treating physician about changes in your condition, particularly if you begin feeling pain at your job that is unlike anything you experienced before. The more information doctors have, the better their chance of diagnosing your injuries and their cause.

Injury Happened When You Were Alone

If you were alone and co-workers and supervisors cannot verify what you were doing when your injury occurred, it may be difficult to validate your claim. That is why it is so important to immediately report injuries, as this makes it harder to argue your injury occurred outside the scope of your job or while you were not engaged in work-related activity.

Learn More by Calling Berry, Smith & Bartell Today

With more than 60 years of combined experience, our attorneys have a proven record of success in workers’ comp claims. We have helped workers in various industries obtain compensation for their injuries.

The initial consultation is free of charge and provides a chance to discuss your situation in detail. We can explain how we may be able to assist you, including appealing if your claim has already been denied.

We do not get paid unless we obtain compensation for our clients. That means there is no risk to you in contacting us after a work injury.

For a free case evaluation with Berry, Smith & Bartell, a Professional Law Corporation call 1-800-848-6288 today!

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