What Are the Most Complicated Workers Comp Cases to Prove

Workers’ compensation is there to protect employees injured on the job. It provides state-governed benefits, including help with medical bills and workers’ compensation checks in case you are unable to work anymore.

1. Incidents Across State Lines

If the accident occurred while the employee was across state lines, then it’s outside of the state’s jurisdiction unless the company has comprehensive insurance. Cases like these become difficult to navigate as the fact that it was outside the state could be used against the injured employee.

A confident and knowledgeable workers’ compensation attorney can work their way out of any situation. They can build your case and ensure you get what you deserve as your right in compensation.

2. Incidents With Wilful Misconduct

Wilful misconduct is a defense that your employer or their insurance company can use against you. They can claim that you did not follow instructions or use the required protective equipment. This makes a case complicated because the witnesses can be used against you as they are also employees.

They can claim that you did the task incorrectly despite being advised otherwise and deny your worker’s compensation claim. A skilled workers comp attorney can figure out how to prove you did nothing wrong with your testimony and evidence.

3. Incidents While on Medication

Certain tasks cannot be performed by employees when they are on certain medications. That is why you should be open to your employer about your health. However, they should not use that against you to terminate you.

If an accident happened while you were following your employer’s instructions while on medication, that’s a tricky one. However, nothing is too tricky for a seasoned worker’s comp attorney. They will be able to figure out how to handle this complicated case for you and get you the help you need.

4. Non Tangible Injury

Mental health, despite being in the twenty-first century, is stigmatized and misunderstood. It is possible to become severely disabled solely through mental illness contracted at the job. Cases with physical injuries and bruises become challenging for insurance companies to dispute. However, mental illness becomes easy to refute.

Employers can wash their hands without any responsibility or accountability for any mental injuries inflicted in a toxic work environment. However, with comprehensive psychological documentation, witnesses, evidence, and a powerful testimony, anything is possible. Don’t build the case alone. Take the help of experts when you need it.

5. Self-Inflicted Injury

If you are unlucky and there are no cameras in the workplace, your employer or their insurance company can claim you injured yourself on purpose. It may sound ridiculous, but this defense has been used before.

The employer claims that the injured employee, in this case, you or a loved one, injured themselves so that they no longer have to work anymore. Since they will be getting the benefits of the workers’ compensation checks, they can live lazy lives.

While this is a rare defense, without the right proof and a strong case, this could deny you the benefits you deserve. In a nutshell, these were the most complicated worker’s compensation cases and you shouldn’t face them alone.