A few tips for defending a workers’ compensation claim

by | Jul 21, 2015 | Lawyers

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If you make a claim for workers compensation and you are subsequently called upon to defend it your chances of succeeding in your defense are much better if you are aware of all your rights and you can provide tangible documentary evidence that supports your claim. Anyone who sustains an injury while working must report the injury as soon as possible and seek medical attention. These moves are those that are evidence of what the injury was and the circumstances under which the injurious accident occurred. If your claim is denied the best thing to do is hire workers compensation lawyers in Cedar Rapids.

The strategy that is used in defense of the claim is one which is based on the rights of the employee under law. The workers comp system provides compensation for anyone who is injured or disabled on the job. Not only does the system provide compensation it covers any and all medical expenses and there is no need for the employee to contribute financially. The downside is that there are very few circumstances where an injured employee can sue the employer. If the injury did happen at work and the injury results in permanent disability the employee is eligible for a certain percentage of his or her wages to be paid for life. In civil suits, such as a car accident, it is possible to claim for pain and suffering, this is not something that can be done when the employee is covered by workers compensation.

Companies must provide workers compensation insurance for all employees, the insurance is designed to provide cover in the event an employee makes an injury claim. As the system is a form of insurance, and insurance companies are motivated by profit, they will if they can try to disprove the claim. Should this happen, and it does, the affected worker must be positioned in such a fashion that the claim can be supported and to prove that the claim was made well within the time allotted and that the injury did happen in the workplace and not outside.

Cedar Rapids workers compensation lawyers will try to interview any other workers that happened to witness the event that resulted in injury. The records kept by the HR department and the doctors that were involved are also good sources of information that can support how the injury happened, this information is invaluable to prove that the injured employee is not at fault.

The defense strategy should show how the injury connects with the work he or she performs. If the injury is such that returning to the same job is not possible, then the worker can claim for retraining benefits for a suitable position.

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