We face diverse challenges in our workstations, which could directly correlate with the conditions of work in our workstations. When on duty, you may fall sick, get injured, or in the worst case, die as a result of the substances you handle or due to an accident. Your employer is required by law to ensure your employee compensation benefit, which covers cash and medication costs incurred from injury or illness sustained while at work or compensation to your family in case of death. Any job-related injury or sickness must be reported to the employer the soonest to give the employer chance to investigate the injury/sickness. If you wait beyond the maximum 48 hours’ timeframe, your employer could explain that your injury/sickness might have taken place away from work. On the other hand, the insurance company might use the loophole to decline the claim. If, for any reason, you get late reporting a job-related injury or illness, contact a personal injury lawyer near you.
Reasons for Court Declining your Workers Compensation
Although your compensation is given without considering fault and is an absolute prescript for work-related injuries, sometimes a court may deny your workers compensation based on these arguments.
Lack of Proving from a Physician
The insurance company may request papers of your health history or for proof that you visited a physician. If the documents are lacking or faulty, the insurance might refuse to pay you, claiming there are no records to prove you were sick or got injured. Always remember to get the correct papers before leaving your physician’s office. If you are not sure which documents are needed, a worker’s compensation lawyer in Long Beach will help.
Your Injury was as a Result of your Negligence
Every employer has a safety and health precaution charter, which lay down work ethics and procedure to avoid injury, sickness, or death. If you fail to follow these rules, your employer or insurance will have a strong ground to deny you compensation. You could have ignored your work dress code, procedures for operating machinery, among others. If your injury/illness occurred due to your negligence, a personal injury attorney in Long Beach could help you with possible avenues to follow.
Alcohol and drug abuse
General work ethics demand that you be sober when on duty to avoid accidents and for efficiency. Sometimes you may get injured or sick because you are under the influence of alcohol or drugs. In such a case, your employer may request the physician to test you for drugs, and if it proves positive, you forfeit your claim. You should try your best to remain sober while at work to avoid negative outcomes but if you get injured due to substance abuse, seek help from the personal injury lawyer office.
Work-related injuries/illnesses compensation claims can be difficult to file and win. Hiring a personal injury lawyer can help take away the burden from you so that you concentrate on other issues. Belal Hamideh Law will handle your case and only ask for payment once you win. For more information, call us on (562) 526-1224.