After being involved in a serious car accident, I really believed that my insurance company would take care of everything. It wasn't until I finally received their settlement offer that I realized they were not on my side at all. This is when I got wise and consulted a personal injury lawyer. It was the best decision I could have made. Thanks to my attorney, not only did I learn a lot about personal injury law, but I actually got the compensation that I needed and deserved. I made a lot of mistakes after my accident, but I also learned a lot along the way. It is my hope that this blog will allow other accident victims to learn from common mistakes and get the information they need to be successful in their own personal injury claims.
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You are entitled to compensation if you accidentally injure yourself while working. However, getting rightful workers' benefits can be an uphill task if your company or their insurer is unwilling to compensate you. They might start blaming you for playing part in the accident or try other tactics to delay or reject your claim. You may require the help of a lawyer specializing in workers' compensation claims when this happens. They can ensure that you are compensated when your employer raises the following arguments.
When They Claim You Were Under the Influence of Drugs
You may fail to get compensation if your employer proves that your accident happened because of working while intoxicated. An experienced attorney can help you fight this allegation by asking for evidence proving that you were intoxicated. They will request blood test records showing that the drug content level was above the recommended limit. Your legal advisor will also ask for witness accounts of anyone who saw you taking alcohol or drugs before the accident. If your employer cannot provide evidence, their defense will be null and void. Therefore, they will have to compensate you.
When They Claim That You Didn't Sustain Your Injuries when working
Some injuries are not visible, and proving them might be challenging. For instance, you might have inhaled a harmful substance, causing health complications. In such a case, your employer might claim that you sustain your injuries in a different accident, arguing that they are not responsible for your condition. Your legal advisor can get medical professionals to confirm that your injuries resulted from working in a hazardous environment. They will then use your medical records to negotiate a payment that will cover all your current and future medical expenses.
When They Say Your Injuries Are Self Inflicted
You are supposed to wear protective gear and observe all safety measures when working. Failure to take these measures can lead to the rejection of your claim. Your boss might argue that you failed to protect yourself regardless of whether you were working in a hazardous environment or equipment. Your attorney will get witnesses who can't prove that you were wearing all the necessary protective gear when this happens. They will also prove that you followed all the safety measures, proving that you never played any part in the accident.
If your boss or their insurer raises the arguments above or uses any other tactics to deny you your rightful compensation, contact a seasoned workers' compensation lawyer immediately. They will investigate the accident and provide evidence proving that your employer is entirely to blame for the accident. Your lawyer will then handle the legal process to ensure you are fully compensated.
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