5 Common Signs: Weak Claims
When you suffer an injury on the job, the first thing to do is to inform your employer right away. Next comes another important step – filing a workers’ compensation claim. Your workers’ comp attorney will ensure that your claim is strong enough to win the settlement you need to cover all of your present and future expenses related to your injury.

Having a weak claim ruins your chances of winning compensation. Watch out for these signs that your claim needs a work out.

Do You Qualify?
Most on the job injuries and occupational illnesses are covered by workers’ compensation.  But, your Employer or the work comp insurance company usually deny claims when:

  • The employee was doing something that is against either company policy or the law.
  • The employee was intoxicated.
  • The employee was in transit to or from work when the accident occurred.
  • The employee was doing something voluntarily, socially, and or recreationally.
  • The employee got hurt while intentionally attempting to harm themself or someone else.

Fuzzy Facts
When you report a workplace accident, it’s important to have your facts straight. Otherwise, you leave gaping holes that can be easily used against you. So what do you need to know?

  • The time and date of the incident.
  • Where you were when it happened.
  • What specifically about your job made the risk of the injury more than what you would encounter in normal daily life.
  • And be sure to ask for medical treatment under work comp.

Additional details can be helpful as well, such as the following.

  • Weather conditions such as heavy rain, wind, or ice and snow.
  • What equipment and safety gear you were using.
  • If something pertinent was damaged or dangerous.
  • If maintenance was needed or in progress.
  • Exposure to harmful chemicals or other substances.

Do not include any information that doesn’t pertain to your workplace accident. It is unnecessary, and can do your case more harm than good.

Lack of Evidence
Evidence is key in all types of injury cases, and workers’ compensation is no different. You must be able to prove that your injury occurred at work—and that something about your job or work environment increased the risk of the injury, that you received or need medical treatment.

  • You can prove these things with various forms of proof.
  • Photographs of your injury and where it happened.
  • Contact information of any witnesses.
  • A copy of your incident report.
  • Written correspondence between yourself and your employer about the accident.
  • Medical records
  • Bills and receipts for out-of-pocket expenses, pain meds, etc.

Your attorney will help you gather this evidence and any other proof needed to strengthen your claim.

Delayed or Absence of Medical Treatment
If you do not see a medical professional after an accident, it looks suspicious if you claim you needed to later. You may think that you don’t need treatment, but you cannot be compensated for missed days of work or any other injury-related expenses if you have not been evaluated by a doctor. In Missouri, the Employer has the right to choose the doctor under work comp, so be sure to ask to be sent to a doctor.

It’s also vital that you seek medical help as soon as possible. Waiting for too long can give the impression that your injury “isn’t bad enough” to be compensated for.

No Lawyer, No Luck
Having an attorney is crucial to ensure that your case goes smoothly and that you receive all of the compensation you deserve. Having a trained eye on your claim will help you strengthen it.

  • Your attorney will go over your claim with you to weed out any loopholes, fuzzy facts, or words that can be twisted by the other party and used against you.
  • Workers’ compensation lawyers know what kind of evidence is admissible in court, and how to get it.
  • When your employer’s insurance company is hounding you with questions, your attorney will handle it for you, taking charge of communications with the insurer so you don’t have to.
  • If an outside expert opinion is needed, your lawyer will reach out and have someone testify or write a detailed report to strengthen your claim even further.
  • Hiring a work comp lawyer doesn’t cost a penny until after you’ve won the settlement you deserve.
  • An experienced workers’ compensation attorney knows how much your claim is really worth, and won’t settle for less when the insurance company’s lawyer tries to low ball you.

If you’ve been hurt on the job and need help with your workers’ compensation claim, contact us to schedule your free and confidential consultation with a lawyer. Don’t delay! Your settlement depends on it.