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Tips For Defending Your Workers Comp Case

by | Jul 10, 2015 | Law

There will be times when a workers compensation claim will be challenged, a workers defense is stronger if he knows his or her rights and they have kept all the documentation that can be used to prove the case. In the event of a workplace accident it is important that it be reported immediately and medical care is arranged, these are two important acts that will later prove the facts as they happened. An employee who is being denied compensation has every right to hire a Chicago workers comp attorney to assist in the event a claim is denied.

Any workers comp defense strategy hinges on the rights of the employee under existing law. The workers comp system has been established to reimburse an employee any expenses and to provide compensation for a disabling injury that happened while on the job. The downside of workers comp is that the injured employee cannot sue his or her employer but in the event the injury results in permanent disability then a percentage of the workers wage will be paid. Pain and suffering can be claimed in a personal injury case but it is not an allowable defense under law in a workers comp dispute.

Most companies are obliged to carry workers comp insurance to cover any claims for injuries received in the workplace. It is not rare for the insurance company to try and disprove the claim of the employee, thus there is a need for defense tactics. The worker must prove that the injury happened at work and the claim was made prior to the time limit given to make such claim.

Like every accident where the victim is not at fault, it helps if there is a witness. Medical records also will support the contention that the injury resulted from an on-the-job accident and that in no way was the injured employee at fault. To support the defense and to prove the facts a time line of events prior to, during and after the injury occurred is very helpful.

A Chicago workers comp attorney can help even if the injury was the result of repetitive actions. The attorney will show explicitly how the employee’s injury connects directly to the work he or she performed. A common injury caused by repetitive motion is carpal tunnel syndrome; the same is often true for those who input computer data all day long.

If you have suffered an injury on the job and your employer or the insurance company is disputing what you know to be the facts you may need to hire a Chicago workers comp attorney to help. Check our website to Shea Law Group.

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