If you’ve been injured in a workplace accident, then you might be counting on workers’ compensation benefits to help pay for your medical care and offset your lost wages. While you can advocate for the benefits that you need, there’s a good chance that you’ll be confronted with aggressive defenses that seek to limit or completely deny your access to the resources that you need. That’s why it’s a good idea to think about these defenses and how you can get out ahead of them.
Be ready to counter these workers’ compensation defenses
There are several defenses that could be utilized in your case. This includes:
- Arguing that your injuries were caused by “horseplay” meaning that you were messing around, roughhousing or otherwise engaged in activities that were outside the scope of your job when your injuries were suffered.
- Claiming that you intentionally violated safety rules.
- Presenting evidence that you were intoxicated at the time of the workplace accident in question.
- Arguing that your medical condition is attributable to pre-existing conditions rather than the workplace accident.
- Indicating that your accident injuries were suffered outside of work.
- Claiming that you notified your employer or submitted your claim too late.
- Questioning whether your injuries were self-inflicted.
Any one of these defenses, if successful, could bar you from recovering the workers’ compensation benefits you deserve. So, be prepared to aggressively counter them with your own compelling evidence.
Although it can be stressful to think about confronting these workers’ compensation defenses, take comfort knowing that you can build an aggressive case that protects your interests.