In an ideal world, claiming workers’ compensation after a workplace injury should be straightforward. Yet, the process is often marred by unique challenges and intricacies. In particular, subsequent injuries sustained outside of work can complicate the compensation benefits owed from an initial work-related incident.
Grappling with Workers’ Compensation Laws
Diving into the maze of workers’ compensation regulations can quickly become overwhelming. When in doubt about managing your claim, especially if you’ve already been granted compensation and face another injury outside work, it’s vital to consult a knowledgeable workers’ compensation attorney. PLBH is adept at handling such situations and can provide essential guidance.
Should external injuries jeopardize your previously settled workers’ compensation, your attorney will be pivotal in strategizing your legal stance. Don’t hesitate to get in touch at (800) 435-7542 for an in-depth case review.
The Corporate Challenge: Proving Job Availability
While workers’ compensation claims might seem like a financial strain for businesses, it’s legally mandatory for them to process these claims genuinely. Although blatant discrimination against workers filing for compensation is uncommon, it’s not unheard of for employers to seek legal loopholes to mitigate or even annul an employee’s benefits.
For a company to legally cease or minimize an injured worker’s compensation, they typically must validate two criteria:
- The injured employee has fully recovered and is fit for work.
- The position the injured worker held is still available.
However, if a worker is incapacitated due to a non-work-related injury, the employer isn’t mandated to prove job availability.
For long-term gains, it’s often more economical for companies to retain injured workers, offering them adjusted roles fitting their health status. Regrettably, not all companies see the broader picture and instead fixate on immediate cost-cutting, notably trimming their workers’ compensation insurance bills.
The Impact of External Injuries on Compensation Benefits
One of the lingering concerns for workers on compensation is whether a subsequent injury, unrelated to work, will affect their existing benefits. The crux of this matter often rests on whether the primary workplace injury played any role in the subsequent one.
For instance, if an injury at work resulted in using crutches, and a fall occurred outside of work due to these crutches, there’s an argument to be made linking the two incidents. Conversely, if a person injured their leg at work but later hurt their arm in a completely unrelated accident, it’s unlikely the second incident would influence the compensation related to the first.
Deciphering these overlaps and establishing a clear narrative is essential. A proficient workers’ compensation lawyer can shine a light on such nuanced scenarios. If faced with such a dilemma, consider reaching out to PLBH at (800) 435-7542 for expert legal guidance.