বুধবার, ১০ এপ্রিল, ২০১৯

Can you claim chronic injuries for workers' compensation?



Generally speaking, yes. Every state has a completely different compensation system for workers. So, the solution varies from state to state. The solution is common in Alabama, yes. Under our statute, at the time of the alleged work-related injury, the initial question in these claims often involves whether or not the worker can perform his or her job with absolute sensitivity.

 If so, then you simply do not have a pre-existing condition in Alabama, the workers ' compensation law deems. One example is the claims of back injury wherever this issue usually arises. 


However, if your work is not affected before the injury, you may have some back problems, then you may not have a pre-existing condition for work composition purposes legally. Then the question becomes, did your condition irritate the work incident to make it worse. If so, the claim will be paid.

Let Workers comp audit add that notwithstanding you had problems impacting your work before the claim, you may most likely still recover for the degree of worsening caused by the incident.

These issues will be difficult with "pre-existing" and "aggravation." Too often, for reasons of pre-existence, insurance companies simply deny claims (wrongly). In these matters, discussing the claim with a skilled workers ' compensation lawyer is a good plan. In spite of the denial of the insurance company, you will have an honest case.

 


Your burden of proof is another issue in Alabama. Alabama differentiates between claims involving an "accident" and claims involving conditions that are alleged to result in repetitive or additive trauma/activity. Repetitive claims of injury in Alabama require a better burden of proof. Typically, this higher burden of proof makes these claims hard to win. If your claim is a repetitive claim, discussing the issues with a talented professional early on is often a good plan.

Learn more about this topic: Workers comp audit

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