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5 Common Challenges That Face A Work Injury Claim

5 Common Challenges That Face A Work Injury Claim

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Workplace injuries are common. From tiny paper cuts to serious falls, these injuries happen every day and can incur thousands of dollars in medical care, depending on the seriousness of the damage. In addition to financial strain, workplace injuries also result in loss of work, loss of earnings, inability to work in the near future, and mental anguish.

To compensate for these troubles and to hold negligent employers accountable, every state has laws in place that protect injured employees.

If you have been hurt at work and have decided to take legal action, here are the 5 most common challenges that you and your legal team may face in the process.

1. The Quality Of Your Legal Representation

How effective and efficient your worker injury lawyer is can make all the difference before you even file the case. How thorough they are and how meticulous? Do they have the resources and the time to pursue your case strongly? Do they have the knowledge or experience to ensure that your injury claim doesn’t go to waste and you are compensated for your pain?

Then there’s also the matter of attorney fees. Do you have the money to afford a good lawyer?

You can sort out the attorney fee matter by hiring a lawyer who works on contingency fee arrangements. If you win the case, they take a percentage of your winnings, if you lose, they get nothing.

To further ensure that you’ve got the best person for the job, ask around, look at the reviews, and see the kind of reputation they enjoy. Only sign the papers when you are confident of your choice.

2. Inconsistent Medical Records

All work-related injuries that end up in a doctor’s office require your statement as well as the medical report of the accident prepared by the doctor.

If there is inconsistency in both these documents, your employer can outright reject your claim. Therefore, when you talk to the doctor, make sure you tell them of all the facts of the accident as you remember them, and do not change your story.

If you are unsure whether you should sign any medical report, wait for your lawyer to show up and listen to their advice. Most employers are in a hurry to make the injured employee sign their accident report. Don’t buck under this pressure. Holding your ground will come in handy if the case goes to court or even the settlement table.

3. Un-Witnessed Injury

Workplace injuries that do not have witnesses can be extremely difficult to prove. If you are ever in an accident at work and there are no witnesses, make sure you immediately bring the mishap to your colleagues’ notice.

Tell your supervisor, manager, friends at work, and human resources. Do not alter your recall of the event even slightly, going from one person to the next. Stick to the facts and make sure tons of people know what happened.

4. Not Reporting In Time

Another major hurdle that you may need to contend with is the rejection of your claim if you have not reported the injury in time. Injured workers who decide not to pursue legal action often regret it when they are let go and decide to take up the injured worker case then.

Your former employer can paint you as a disgruntled worker and your claim an act of revenge. Courts have been known to look at such cases with similar eyes. Therefore, reporting the accident in time is extremely important. Even if you are not sure whether you want legal representation immediately, hold off on signing any official accident reports and bring the matter to the notice of your supervisor, manager, and HR to ensure that you’ve left a verifiable trail behind that you can later come to.

In any case, do not take more than a few days to decide your course of action. The first couple of days are critically important and your employer knows it. Remain aware of your rights and do what is best for you and your health in the long run.

5. Investigating The Evidence

To prepare a strong facts need to be investigated. If the accident is to an extent that law enforcement has become involved, the evidence will be investigated and collected by them.

For other injuries, the task will be carried out by your legal team. They may subpoena witnesses including your colleagues, and other experts, too, to make sure that every facet of the case is thoroughly investigated and your claim is strongly covered from all angles.

What’s Next

The list of challenges may not end here, but hiring a good attorney can take a huge load off of you. So, let them deal with these challenges and you take this much-needed time to recuperate from the injury.

About The Author
Michael William Cardamone
Michael W. Cardamone, Esquire is one of Pennsylvania's top rated workers' comp lawyers for injured workers. The Founder and President of The Cardamone Law Firm, LLC/MyPhilly WorkersComp Attorney, he is a Certified Specialist in Pennsylvania Workers' Compensation Law as authorized by the Pennsylvania Supreme Court. He has been named a Pennsylvania Super Lawyer as a result of his aggressive represen ...read more


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