According to the laws of workers’ compensation, it has been said that a worker’s injury is compensable only when it is caused due to one’s employment and happens during its progression. Basically, there are two factors which determine whether any worker’s injury is compensable or not. Those factors are the scope and course of one’s employment and the contribution of employment in injury.
Law also says that if an injured employee was not suffering from any kind of previous disease or weakness, then an injury caused due to an employment exertion is enough to claim for the workers’ compensation. In addition to this, there is no requirement for extra evidence towards a claim if there are no competing causes as well as the conditions for major contributing reasons are fulfilled by the victim in front of the court.
Here is how the compensability of any worker’s injury is determined:-
- If heavy workload is responsible for injury of a person, it will be seen as damage caused during the course of its employment. Hence, that member of staff will become eligible for the benefits of workers’ compensation.
- Then, you have to consult your legal counselor along with the adjuster so that your case can be reviewed, especially if there is any kind of confusion in causes. State laws as well as previous cases are required to be evaluated here so as to make the right decisions.
- An investigation for compensability will be carried out after your claim has been reported. Keep in mind that it is really important to make your claim documentation defensive in front of the court.
Difference between accident investigation and compensability investigation
In case of compensability investigation, the viability of a claim is determined after it has been filed. It includes the assessment of the employment status of the injured worker, evaluation of its previous medical conditions or illnesses, which can contribute to the present injury, and an investigation for the search of other health conditions present in the victim’s body.
Possibility of sue
The injured employees are forbidden from filing a lawsuit against their organizations once they have acquired their workers’ compensation payments. It is said that workers’ compensation has always been used only for compensating for the injuries sustained during the course of its occupation and also, because of it.
Hence, it’s essential for the employees as well as employers to know what kinds of injuries are compensable and what are not. You can also contact a professional, experienced, and capable workplace injury lawyer Los Angeles, who can actually help you to get all your medical, mileage, disability, job training, and death benefits according to the nature of your injuries.
An efficient lawyer will represent your claim in front of the court so that you can get proper compensation from your employer whose negligence caused distress to your physical, mental, and emotional well-being. Your lawyer will take care of all the challenges present in your path effectively and successfully.