Every day, we hear stories about workers' compensation claims being denied. Some cases seem legitimate, while others seem entirely bogus. The bottom line is it is totally possible that your workers comp case can be discredited.
Regarding workers' comp claims, it pays to be careful. There are many reasons a claim might get rejected, but most of the time, it's because the claimant didn't provide enough evidence to support his/her case.
Unfortunately, it's become prevalent for insurance companies to attack your credibility to get out of paying for your workers' comp benefits. They will try to persuade the court that you are lying about your injury so they don't have to pay.
There are many ways that an insurer might attack your credibility, but one of the most common is to look at the beginning of your case. Quite often, they will do their best to point out any inconsistencies in how your injury occurred.
They'll compare your accident report with your doctor's record and the recorded statement that the insurance company took from you. This is why it's essential to be as consistent as possible when reporting your injury.
Workers' Compensation Cases Can Go Wrong
If you're involved in a workers' comp case, you need to be careful not to discredit yourself. This is especially true when dealing with employers who may try to blame you for injuries suffered at work.
Employers often claim that you were negligent and that you should have known better than to put yourself in harm's way. They may say things like, "you knew this was dangerous." Or, "you knew the job would hurt."
The problem with these kinds of claims is that they're usually false. Employers aren't allowed to blame employees for workplace accidents unless there's evidence that the employee failed to use reasonable care. And, if you fail to take proper precautions, you can still recover damages from your employer.
If You're Denied Medical Benefits
Workers' Compensation laws were designed to protect employees who suffer work-related injuries or illnesses.
You May Never Recover Any Lost Wages or Earnings
It's impossible to know which details will be the ones that affect your case. So while it's essential to be thorough, it's also important to be consistent. If you can get a copy of your reports, that will help you remember what you said in each. That way, details won't slip through the cracks.
One way to help you avoid pitfalls such as inconsistency is to work with an experienced attorney. If we get involved early, we can help you foresee any problems that might arise before they become significant issues.
If you have workers' compensation claims, you should always consider hiring a reputable attorney. An experienced lawyer will fight hard for your rights and ensure that your case gets resolved fairly.