Workplace injuries happen all the times – from little bitty paper cuts to full-blown amputations and in some death. From time to time, challenges can impact the chances of getting a workplace injury claim approved by an insurer. The biggest challenge to getting compensated for an injury claim is getting the facts investigated and evidence to support the claim.
In this article, we’ll look at the different challenges facing a hypothetical injured worker and the legal team hired to help him or her recover damages for injury.
8 Challenges Facing Plaintiffs of Work Injury Claims
The following work injury claim challenges are the most common obstacles plaintiffs and their legal teams face when getting workers compensation or going up against employers in court:
- Affording Legal Representation – Oftentimes those injured in workplace accidents feel they can’t afford a personal injury attorney. That is taken care of on the back end, if there is a favorable decision by the court for recovery of damages. What happens if the court doesn’t decide in your favor, you might ask? Well, then nothing is owed to the attorney.
- Workplace Injury Unwitnessed – In the event your workplace injury was unwitnessed, you’ll want to make sure you tell co-workers, managers, and supervisors immediately. The most important thing in this matter is that you tell the same story to each person you report it to.
- Your Accident Report and Medical Records Inconsistent – If for some reason your accident claim is inconsistent with the employer’s or medical staff’s statements, then they will deny your claim outright. It is important that you restate to your doctor that your version of the story hasn’t changed. Just be consistent with your version with anyone you speak with.
- You Are Laid Off Before You File a Claim – You can almost certainly expect a claim to be denied, if you file for a claim after you’ve been laid off or fired. Most of the time, employers and even compensation judges will view this as a revenge claim.
- You Refuse to Give a Recorded Statement or Refuse to a Sign Medical Statement – This can be a difficult moment for some employees, because they may either feel under duress or not feel like being cooperative. Employees are under not legally bound to give such statements. However, an adjuster may claim that in order for benefit payments to begin, they need such statements.
- Proving Persuasive Evidence – In some cases, the plaintiff may have a hard time proving the cause of their injuries in the workplace. A good legal team will do the investigative work to help produce persuasive evidence to support the client’s claim. Sometimes this requires subpoenaing co-workers, managers, medical experts and other expert testimony to support the claim being made.
- Communication Problems – Communication between the injured worker and their case manager, family, doctor, insurer or other parties involved can cause delays in medical treatment and recovery of compensation. Communication is vital to ensure that you get the legal help and medical and financial recovery you need.
- Catastrophic Injury Case Management – It is important if the workplace injury was catastrophic that a case management get assigned within 30 days after a catastrophic injury. Resolution and medical improvement tend to decline significantly if there is a 60-day waiting period before a case manager is involved. Catastrophic case managers are experts at working with all interested parties, including lawyers, employers, and insurance companies. These case managers are expert communication specialists, who can access medical records and information and provide them in an easy-to-understand fashion with the appropriate parties.
Contact a Fort Wayne Worker’s Compensation Attorney at Finderson Law L.L.C.
Again, the first thing you should do if you have been injured on the job is to file a workplace injury claim with your employer. If your claim is dismissed out of hand, contact a Fort Wayne Worker’s Compensation Attorney at Finderson Law L.L.C. for help with getting your workplace injury claim settled or resolved to your satisfaction. Our Fort Wayne worker’s compensation attorney is known for providing comprehensive legal representation to the victims of workplace accidents. We’ll champion your cause through the entire legal process and build the strongest case possible, so you can recover fair compensation for medical bills, lost wages and other expenses.
To set up a free, initial consultation with our Fort Wayne worker’s compensation attorney, call (260) 420-8600 or emailing us using the contact form on this page.