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What are the Best Tips for a Workers' Compensation Defense?

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  • Written By: Marlene Garcia
  • Edited By: Jenn Walker
  • Last Modified Date: 19 November 2016
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A workers' compensation defense is stronger if the person filing the claim knows his or her rights under the law and keeps ample documentation to prove the case. The employee should also report any injury immediately and seek medical care so he or she can later prove what happened. An employee might also consider hiring a workers' compensation defense attorney to assist if a claim is denied.

Typically, a workers' compensation defense strategy hinges on the employee’s rights under the law. The system reimburses an injured worker for disabling injuries if he or she was hurt on the job. It also covers all medical expenses connected to the incident at no cost to the injured party. An employee cannot sue the employer under most circumstances but may be eligible for a percentage of his or her wages if a permanent disability arises from being hurt at work. Pain and suffering is not an available workers' compensation defense under the law.

Many companies carry workers' compensation insurance to cover claims of injuries in the workplace. Those insurance carriers might try to disprove an employee’s claim, creating the need for workers' compensation defense tactics. The worker must prove that he or she was injured at work and file a claim within a set time limit.

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It helps to have witnesses to the accident when planning a workers' compensation defense. Medical records can also show how the injury was linked to job performance and why the accident was not the employee’s fault. A timeline of events before, during and after the injury might aid in proving the case.

Workers' compensation typically covers repetitive injuries, actual physical trauma, mental harm and occupational diseases. The employee's compensation defense plan should show the connection between the employee’s condition and the work he or she performed. If the injury prevents the worker from returning to his job, he or she might be eligible for vocational retraining benefits.

Carpal tunnel syndrome is a common type of repetitive injury caused by performing the same motions over a long time, such as typing on a computer. Physical injuries might occur from falls, straining a muscle or being hit by an object at work. One example of an occupational disease that is work-related might involve being exposed to asbestos or contaminated air. A mental distress claim could result from witnessing trauma at work that causes stress, such as a horrific accident.

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