For the most part, it is highly recommended that you consult an attorney any time that you are facing a worker's compensation claim. Worker's comp insurance companies have a bad reputation for rejecting claims and denying that they have any responsibility to pay an employee what they are owed after an injury. However, there are some cases when there is hardly a question of the situation, the incident, or if your employer should be held liable. Here is a look at some of the situations when your worker's comp case will likely not be a hassle.
Your employer readily admits that the injury happened at work.
If your employer is on your side after an injury, they will readily and openly let the worker's comp insurer know that your injury was indeed something that occurred while you were on the clock. This does sometimes happen, so the more easygoing and in agreement your employer is about the situation, the better your chances will be that your claim will get approved without a hassle. There are even rare cases when the employer will be so adamant about your injury being their liability that they will stand up for you even if the insurance company seems to be encouraging a denial.
Your workplace injury was documented by video surveillance.
In the modern age, many workplaces are outfitted with some form of surveillance, which means there is a higher likelihood that your injury was caught on video. If there is a clear video image of you being injured while on the clock in a way that was not your fault, it is a good sign your claim will be approved. It is hard to argue with video evidence. However, it is best if you can obtain a copy of the footage by working with your attorney right from the beginning.
You have no pre-existing conditions that could be blamed.
One of the most common scapegoats a worker's comp insurer will use to get out of paying for a claim is to say that you were already injured long before the incident at work occurred. But if you have very little medical history documented and no pre-existing conditions that could be considered related to the current injury, it would be hard for the insurer to use this excuse. While prior medical history is something that could come up, make sure you speak with workers compensation attorneys about what should be provided and whether it is even relevant to your case.Share