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What if my employer disputes my injury claim?

Sometimes, after you suffer an injury, you may have difficulty determining if it is actually work-related. You may find that your employer objects to an injury claim even if you believe that the injury actually qualifies for coverage under workers' compensation. You may gain more in-depth understanding of your injury and the circumstances surrounding it by consulting with an experienced attorney who can help you fairly assess your injury through the eyes of the law.

In general, if an injury occurs while you are at work, performing work related duties or participating in a work-related activity when the injury occurs, it is work related. Your employer may argue that you are not "at work" if the injury happens during your commute, for instance, which a court may uphold. However, if you are driving a company car when the injury occurs, then the injury likely counts as work-related.

Similarly, your employer may claim that your injury is not covered because it is pre-existing. In most cases, a pre-existing injury that worsens because of an on-the-job incident is still considered work-related, and is covered under workers' compensation.

Even if you suffer an injury because of some actions you take yourself, the injury may still qualify as work-related. While this is a more flexible grey area than other types of on-the-job injuries, there is legal precedent to support claiming it as a workplace injury.

Before you move forward with a workers' compensation claim, an experienced personal injury attorney can help you understand how to pursue workman's compensation claims. This is especially true if your employer disputes your claim. Be sure that you seek out all the help you need to build a strong claim and receive full, fair compensation for your loss.

Source: Findlaw, "I Have a Job-Related Injury: What are My Employer’s Responsibilities?," accessed Dec. 22, 2017

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Making a false or fraudulent workers’ compensation claim is a felony subject to 5 years in prison or up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.

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