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The Wide, Wide World of Personal Injury Attorneys


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The Wide, Wide World of Personal Injury Attorneys

When you think of personal injury cases, you probably picture two parties standing in front of a judge who decides how much one party has to pay the other. Indeed, this is how some personal injury cases end up being concluded. But many are actually settled out of court. Your attorney files a suit against the defendant, and then the defendant's lawyer presents you with an offer for a certain amount of money if you agree not to go to court. You and your personal injury attorney decide whether or not to accept that offer, which is called a settlement. As you can see, personal injury lawyers do a lot more than just go to court. You can learn more about the many nuances of their jobs on this blog.

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When You Can Be Disqualified for Workers' Compensation

As an employee, you are entitled to workers' compensation benefits if you are injured while on the job. These benefits compensate you for medical costs, loss of income, and temporary or permanent disability. It is essential to ask your workers' compensation lawyer whether your claim for these benefits is valid or not. Here are some reasons you may not qualify for workers' compensation.

1. Failing to Report the Injury Immediately

One of the first things you should do after you are involved in an accident at work is to report the incident. Workers' compensation insurers assume that it was not serious if you failed to report the accident or were not hurt. In many states, you are required to report work-related accidents within a week.

Therefore, if you are involved in an accident, call your workers' compensation attorney. They will help you report the incident and make the appropriate claims. You should also request an accident report and fill it out. This will help your chances of recovering benefits from your injuries.

2. Intentional Actions and Impairment

Workers' compensation does not cover intentional actions. For example, if the claim involves a coworker assaulting another coworker, this would not be covered by workers' compensation. Additionally, if your injuries are intentionally self-inflicted in order to file a claim, you will not receive any compensation.

You may also not recover any benefits if you were intoxicated during the accident. Your employer will ask you to be tested for drugs or alcohol after a work accident. While you may opt not to be tested, failing to do so leads to the presumption that you are under the influence, and this is the cause for your accident. A positive drug or alcohol test also leads to the same presumption.

3. Non-Work-Related Injuries

One of the arguments an employer can raise during a workers' compensation claim is you were not injured at the workplace. They may also claim your medical condition is not due to working conditions. In such cases, the burden of proof lies with your workers' compensation attorney.

You may need to provide evidence and call witnesses to support your claim. It will also help if you present medical evidence attributing your injury or illness to work conditions. If your insurance company disputes the claims of your medical practitioner, you may have to go for an independent medical examination to get another expert's opinion. 

Contact a local workers' compensation lawyer for more information specifically regarding your case.