Is It Hard To Win a Workers’ Compensation Claim?
The workers’ compensation system exists to protect employees who suffer work-related injuries or illnesses. Workers’ compensation provides eligible workers with medical benefits, wage replacement benefits, and other benefits. However, while workers’ compensation is meant to protect employees, filing and winning a workers’ compensation claim is a complex process, often with numerous hurdles. In other words, winning a workers’ compensation claim can be challenging. Several factors can make it hard to win a workers’ compensation claim. Fortunately, there are steps you can take to improve your chances of success.
What Does It Mean to “Win” a Workers’ Compensation Case?
You might assume that getting a payout equals winning a workers’ compensation case. This is not true. Just because your employer’s insurance company pays out does not necessarily mean you have won your case. You win a workers’ compensation case when you recover full or adequate compensation for your damages or losses. Workers’ compensation benefits you may be eligible to recover after a work injury or illness include medical benefits, temporary disability benefits, permanent disability benefits, and vocational rehabilitation benefits.
Research shows over 90% of workers’ compensation claims are processed and paid out. However, this does not mean that most injured or sick employees win their workers’ compensation cases. Some employees obtain less than what they are entitled to. Unfortunately, it can take time, up to years, to realize that your workers’ compensation settlement was insufficient.
What Can Make It Hard To Win a Workers’ Compensation Claim?
Several factors can make winning a workers’ compensation claim difficult. The following are some of these factors;
- Failure to report the injury or illness on time: Waiting to report a work injury or illness can result in the denial of a workers’ compensation claim.
- Failing to seek prompt medical care: Not seeing a medical doctor right away can result in your employer’s workers’ compensation insurer disputing the validity of your claim.
- Failure to gather and maintain relevant documents: The workers’ compensation process requires detailed documentation, including medical records, witness statements, and incident reports. Incomplete or missing documentation can result in a denied or devalued claim.
- Complex legal standards: For example, proving that your injury occurred in the course of your employment may be challenging, especially in cases involving repetitive stress injuries, which are injuries that occur over time.
How To Improve Your Chances of Winning a Workers’ Compensation Claim
The following are some of the steps you can take to improve your chances of winning your workers’ compensation claim;
- Report your injury promptly to your employer
- Keep detailed records, including medical records, witness statements, incident reports, and correspondence with your employer or the insurance company.
- Seek immediate medical attention.
- Consider hiring a workers’ compensation attorney.
A qualified workers’ compensation attorney can help you navigate the complex legal system. They can help you gather relevant evidence and handle any disputes that may arise. While hiring an attorney might seem costly, it can significantly increase your chances of success.
Contact Us for Legal Help
If you have suffered a work injury or illness, contact our Vermont workers’ compensation lawyer at Sluka Law PLC to schedule a consultation. We can help you navigate the legal process, gather evidence, and handle any disputes that may arise, thus ensuring you recover the benefits you deserve.
Source:
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