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7 Factors That Can Affect Your Worker's Compensation Claim

  • Writer: Brainz Magazine
    Brainz Magazine
  • Jan 10, 2023
  • 3 min read

If you get injured at your workplace, you should file a worker's compensation claim to receive worker's compensation. However, the insurance company will consider several factors before you can receive the payment.


In this regard, we reviewed several law firms, and Reinartz Law Firm stood out as one of the best, with competent lawyers and professional legal guidance on the compensation process of work related injuries.

Here are the factors that can affect your worker’s compensation claim.


1. The Severity of Your Injury


You will likely receive higher benefits if you suffer an injury requiring extensive medical treatment. However, you may receive lower benefits if you suffer a minor injury that only requires a short recovery period.

Some injuries need ongoing treatment. In case of such an injury, the insurance company will evaluate your compensation at a higher offer. These injuries include those that require surgery.

Some injuries may leave you immobile. With such an injury, your benefits will include compensation for lost wages.


2. Cause of the Injury


Your negligence could have caused the injury. This may be by failing to follow safety protocols or misusing equipment. If your negligence caused the damage, you might have more difficulty receiving benefits.

However, you ought to receive benefits if your employer caused the injury by failing to provide a safe working environment. Thorough investigations will establish the cause of the damage before payment.


3. Duties of Your Job


When you sustain an injury while performing your regular job duties, you are more likely to receive worker's compensation benefits.


However, if you sustained the injury while engaging in activities outside the scope of your job duties, you may have a more challenging time receiving benefits.


In some instances, you may sustain an injury outside your workplace and decide to claim benefits. You will receive no compensation when investigations establish that the damage was not from your workplace. With some employers, you can be sued for attempted fraud.


4. Did You Receive Reliable Medical Treatment?


If you seek timely and appropriate medical treatment, it can support your claim and increase your chances of compensation. However, if you delay seeking treatment, you will reduce your chances of receiving benefits.


Also, failing to follow through with prescribed treatment can weaken your compensation claim. So, seeking medical attention for injuries sustained at a workplace will increase the chances of getting paid for damages. No matter how minimal an injury is, it would be best if you got it checked out.


5. Your Cooperation With the Compensation Process


Your cooperation with the workers’ compensation process can also affect your claim. If you are responsive to requests for information and follow through with necessary paperwork, it can help to support your claim.

On the other hand, being uncooperative or failing to follow through with the necessary steps will only weaken your claim.


6. Your Work History


Your work history can be a factor in a worker's compensation claim. If you have a history of frequent workplace injury claims, you may need help to receive payment.

However, if you have a clean work history with no prior compensation claims, it may be easier for you to enjoy your compensation.


7. Attorney Representation


Your representation can affect the outcome of your worker's compensation claim. If an experienced attorney represents you, they may have a better chance of receiving the benefits you deserve.

You may receive a smaller compensation benefit if you decide to handle the negotiation independently. Getting a lawyer will ease your time as they take everything on your behalf.


Final Thoughts


Some factors may affect the outcome of your worker's compensation claim. But, with a factual claim, you will receive compensation despite the formalities. You should follow the code of conduct to ensure a smooth compensation process.


By understanding these factors and working with an experienced attorney, you can protect your rights while increasing your chances of receiving the compensation you deserve.


 
 

This article is published in collaboration with Brainz Magazine’s network of global experts, carefully selected to share real, valuable insights.

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