Injuries that occurred at the workplace, in the course of work, and on company time are definitively covered by workers’ compensation, so providing proof should be relatively straightforward. However, injuries that occur over time or as a result of workplace exposure may be denied if there is not strong evidence linking the injury and workplace.
Providing Proof That an Injury Is Eligible for Workers’ Compensation
Any injury or illness that is connected to a person’s work and occurs during the course of employment should be covered by workers’ compensation. But when claims are disputed, it often falls to the injured worker to prove the link between the employment and his medical condition.
Some common injuries that may need additional evidence include:
- Repetitive strain injuries. Repetitive strain injuries covered by workers’ compensation include carpal tunnel, back injuries from daily lifting, and many other conditions caused by performing the same tasks over and over. If there is not an established connection between the work you do and your injury, you may need a note from your doctor with a description of the specific work activities that led to the injury.
- Occupational diseases. Some industries allow easier access to workers’ compensation for occupational diseases because exposure outside of the workplace is relatively rare. However, conditions such as hearing loss may be suffered in the natural course of life and not be related to work. You may not need to prove that your condition was caused by the workplace—only that your work environment significantly contributed to the illness. A strong medical history showing a decline that corresponds to your employment can be beneficial in proving your claim.
- Sudden injury caused by cumulative trauma. A heart attack or stroke may be considered work-related in some cases, even if the event itself occurred away from the workplace. A detailed account of your daily tasks, including physical exertion, heat exposure, stress, and other factors can help prove that your job was detrimental to your physical and mental health. You may even be able to collect workers’ compensation if a preexisting condition played a part in your sudden injury.
If your work injury claim was denied, our attorneys can gather evidence on your behalf to help get you the compensation you deserve. Contact Kirshenbaum & Kirshenbaum via our online contact form to schedule an initial consultation at no cost to you.