How Do You Determine If An Injury Is Work Related? Here's How To Know.
How Do You Determine If An Injury Is Work Related? If it is, then you are entitled to benefits under Workers Compensation. If not...
Important question to ask because if an Arbitrator decides that you were not hurt at work, your case could be over. Your benefits could be denied and you could get stuck with medical bills.
Usually if someone asks about if an injury is “work-related,” they want to know whether they will be covered under Workers Comp law.
What Is Workers Compensation?
All States in the United States US, have work injury laws. They started out very similar but have changed quite a bit over the years. Now each State has its own system with its own rules and wrinkles.
The system is generally called Workers Compensation and the laws are different in each State. So make sure you check your State law, because time deadlines and procedure are going to be different. Damages are also calculated differently, so what you will get if you win your case will vary a lot.
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What You Have To Prove
In a Workers Comp case, you do not need to prove that your company did anything wrong (or was “negligent”). All you have to prove in order to get benefits under Workers Comp is to show that you were working and you got hurt.
In Workers Comp in Illinois, all you have to prove is that you got hurt in the “course and scope” of employment. That means you were at work, doing your job, not horsing around. You were doing what you were paid to do and got an injury.
Why it happened doesn’t usually matter, unless someone else outside of your company caused your injury. Then, you might have a Workers Comp case as well as what we call a “third party” claim. That means you can sue someone in regular Court for hurting you. And, you can also continue with your Workers Comp case. Best of both worlds.
Basically, under any State’s Workers Comp laws, that’s what it comes down to. If you were doing your job and not horsing around then you should be covered. That mostly answers the question "How Do You Determine If An Injury Is Work Related?"
The Doctor's Opinion
Only a doctor is allowed to give an opinion as to whether your medical problems was “caused” by work activities. This is important to know, because it comes up in Workers Comp cases all the time.
Workers Comp insurance often fights work injury claims by having their Company doctor say that your problem existed before the work accident. Or maybe he or she will say it isn’t related to the work accident. Rotten, but that’s life. That's why I tell people not to use the Company doctor if they got hurt.
Your best defense to this is to make sure you treat with a doctor who has your back. Sometimes, that means a trusted family doctor. And sometimes, you have to talk to your doctor to make sure he or she know how Workers Comp cases work.
One thing is for certain, a Company doctor is far more likely to write a bad opinion in your medical records. Even a family doctor can carelessly write something which hurts you, not meaning to.
If you do not have a doctor on your side, it is real hard to win. Make sure your doctor know this and will give you the best possible medical care and treatment.
Talk to a Workers Comp Lawyer For Free
Why not get a free consultation?
Here how it goes:
- You call for free (or I can call you).
- I listen to your story.
- I answer your questions & concerns.
- I tell you my plan.
- You can hire me or not hire me, your choice.
- Either way, we end up as friends.
Sound good?
I look forward to hearing from you and about your injury case and what I can do to help.
If you have any other questions about work injuries or Workers Comp, feel free to reach out at 312–500–4500. Free consultation and you can call any time, night or day. Or read more about Workers Comp here.
Thanks for reading and I hope this info helps with your question about How Do You Determine If An Injury Is Work Related.
