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Guide to Proving Your Workplace Injury Will Qualify for Workers’ Compensation

  • Published: October 20, 2022

Workers’ compensation is an insurance policy that helps people who are injured on the job and are unable to return, meaning they could lose out on potential wages. If you’re hurt while working, you may qualify for workers’ compensation benefits based on the extent of your injuries and what type of work you do. 

If you suffer an injury on the job, workers’ compensation benefits could help you recover and get back to work. But proving that your injury was the result of an accident at work and not from another source can be challenging. Fortunately, there are a few ways to prove this so that you can get the benefits you deserve instead of going through the legal process of suing your employer in court. KCNS Law Group is here to help answer any questions you may have about the process as well.

Am I Entitled to Workers’ Compensation Benefits?

You may be entitled to workers’ compensation benefits if you have an injury or illness that was caused by your job. Workers’ compensation is a state-mandated insurance program that provides benefits to employees who are injured or become ill as a result of their job. Benefits can include medical expenses, income replacement, and death benefits as well.

What Should I Do If I’m Injured at Work?

If you’re injured at work, you must notify your employer as soon as possible after the injury or illness occurs. Your employer will then file a compensation claim with their insurance carrier. The insurance carrier will review the claim and approve or deny benefits. If your employer’s policy doesn’t cover your injury or illness, you may still be able to get benefits through the state’s workers’ compensation program.

Evidence to Gather After a Work Injury or Illness

If you have been injured at work, it is important to gather evidence to prove your case. This evidence can include medical records, witness statements, and any documentation from your employer. All of this evidence will be used to determine whether or not your workplace was at fault for your injury or illness.

Physical Examinations and Medical Testimony

A physical examination and medical testimony are important in workers’ compensation cases. The injured worker must be examined by a physician to document the nature and extent of the injury. The physician’s testimony is then used to support the claim for benefits. The results of these tests can be used as evidence in a workers’ compensation claim. In some cases, the employer, not just the insurance company, may also require the employee to have a physical examination or take a medical test before returning to work.

Can I Get Fired or Laid-Off If I File for Workers’ Comp?

It is possible to get fired or laid off for filing workers’ compensation, although it is not common. An employer can fire you for nearly any reason and may try to fire you to stop you from collecting on your claim. However, it is illegal for an employer to fire you because you filed a claim.

Your employer may not take any adverse action against you for filing a claim or testifying in a proceeding. Therefore, you may lose your job, but you can take legal action against the company to collect the compensation that you are owed. Either way, the employer cannot stop you from getting compensation for your on-the-job injuries. 

Take Action to Protect Your Rights with KCNS Law Group

If you encounter problems with your workers’ compensation claim, either from the insurer or the employer, take legal action to protect your rights from KCNS Law Group today. We will be with you every step of the way during your claim in order to make sure you get the compensation you deserve. 

All you have to do is contact us online or call us at (818) 937-9255 to discuss your case with our legal team.

KCNS Law Group LLP

Our client-based approach is concentrated on our commitment to providing individual and strategic representation tailored to our client’s specific needs.

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