Common Notions About The Protections Offered By Worker's Compensation

Posted on: 12 September 2017

Workplace injuries are occurrences that can be extremely damaging and disruptive to the employee that was unfortunate enough to have been injured. Worker's compensation will usually cover these damages so that the employee can obtain the medical treatment that they will require to fully recover. Regretfully, a limited familiarity with the protections offered by the worker's compensation policy will prevent individuals from taking advantage of these protections.

Pre-Existing Conditions That Are Aggravated Or Worsened May Be Covered

Workers will often assume that any pre-existing conditions that they have will not be covered under a worker's compensation claim. However, it is common for these policies to provide coverage for workplace injuries that impacted an area of the body with a pre-existing condition. In order to be approved for these claims, you may need to demonstrate that the pre-existing condition was directly worsened by the working conditions or accident. This can make these cases somewhat more complicated, and retaining an attorney before starting this process can improve your chances of this type of complicated claim being approved.

Filing For Worker's Compensation May Prevent You From Suing The Employer

Some people will assume that they will be able to file a lawsuit against the employer after their worker's compensation claim is processed. However, injured employees are not typically able to sue employers for their injuries. Rather, it is assumed that injured workers will utilize the worker's compensation policy, but if the employer lacks the coverage, legal action against them may be permitted. Furthermore, relinquishing the right to sue will be a stipulation of accepting the worker's compensation benefits. If another person or party played a role in the accident, you will likely be able to take legal action against them, but this will depend on the exact circumstances surrounding your injury and the local laws of your state.

Some Injuries Will Not Be Covered By A Worker's Compensation Policy

While it is common for the vast majority of injuries to be covered under a workers compensation policy, there will be instances where the insurance company will deny the claim. These will specifically include instances where the worker was intoxicated or assaulted another employee or customers. Additional restrictions will also be in place, but these restrictions will also be limited by the regulations of the state where the insurance policy was issued. Every worker should take the time to research these restrictions for their local community so that they can understand the types of issues that could cause their claim to be denied.

Contact a law firm, like John V. Boshardy & Associates, P.C., for more help.


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