If in event you have been injured at work in Texas, you may be entitled to workers’ compensation to pay for your medical bills and lost wages. If they pay out on claims, even though your employer should have workers’ compensation insurance, your employers’ rates can go up. There is a chance your employer may fight your workers’ compensation claim because of this, and there are a few common reasons they use to support their side. Today, we at Lastimado Texas would like to share these reasons.
Arguing Your Injury was Yours Responsibility
In the event you were intoxicated or under the influence of drugs at the time of your injury, you may not be entitled to workers’ compensation. Your employer will likely require a drug test at the time your report your injury. If you started horseplay or roughhousing at work that led to your injury as well, you may also miss out on workers’ compensation. Gathering information about any witnesses and the circumstances surrounding your injury is critical in order to prove your employer wrong.
Insisting that Work was Not the Place the Injury Occurred
An employer might try to argue that you’re not covered by workers’ compensation due to your injury not occurring at work. Just because you were not at your primary job site when you were injured, it does not mean that your injury is not connected to your work. If you were in another location on a work assignment or at a company event, such as a conference, when you were injured, you are then likely entitled to workers’ compensation benefits.
Suggests You Were an Independent Contractor
In the event you were an independent contractor and not an employee, you are not entitled to workers’ compensation benefits, unfortunately. It doesn’t mean that is the case, however, just because your employer says you are an independent contractor. Some employers misclassify employees as independent contractors precisely to get around paying workers’ compensation. An independent contractor is not subject to the supervision or control of an employer. There are a quite a few factors that go into determining whether someone is truly an independent contractor, and an experienced workers’ compensation, and you should have an attorney evaluate your claim.
What is Personal Injury Defense?
Contributory Negligence. The most common defense used in a personal injury case is contributory negligence. This is when the defendant is going to try and put some or all of the blame. If the plaintiff is found to have shared part of the fault in the accident for example, they won’t be able to recover compensation from the defendant.
The Risk Assumption. Another common defense is an assumption of risk. If the plaintiff in the case assumes all of or part of the risk of an activity that is clearly dangerous, the defendant may claim that the individual should have known about the injuries.
Injuries that are Pre-Existing. In the event you have ever been involved in an accident and suffered an injury before, you may find that the insurance company and the defense lawyers will work hard to use it against the injured person. To prove your claim, a defense attorney can help you find current medical records.
Personal Injury Attorneys in Dallas, TX (Just Minutes from Carrollton, Richardson, Farmers Branch, Garland, Irving, Mesquite, Grand Prairie, Duncanville, Hutchins & DeSoto, Texas
If you are fighting a worker compensation claim with your employer in Texas, call Lastimado Texas
and let our Lastimado Texasexperienced attorneys
