When I started getting into trouble I became pretty acclimated to legal procedures. Calling my attorney and working out bail was just another way to spend a Saturday night. Unfortunately, the stiffer the charges, the more difficult it was to talk my way out of a bad situation. After so many charges, I found myself slapped with a long jail sentence, and I realized that I wanted to turn things around. Fortunately, my lawyer was able to walk me through yet another process, so that I could make the right changes. My blog discusses how to emotionally cope with legal issues so that you can start living a good life.
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Being injured on the job is something those involved in physical professions fear immensely. A construction worker, for example, does not want to be sidelined with a serious injury and be out of work for an extended period of time. Even with workers compensation payments, a construction professional is going to see a decline in monthly revenue. One way to avoid injuries is to strengthen the body. Working out hard in the gym definitely builds up the strength needed for lifting and moving heavy items. Boosted strength does not eliminate the potential for an injury. Worse yet, the gym workouts could be blamed for a work-related injury and this could conceivably harm a workers compensation claim.
A Reasonable Rule Unreasonably Applied
Workers compensation claims are designed for people who are injured on the job. Injuries occurring away from the job, as logic and the law dictate, would not be eligible for a claim. An employer who lays the blame for a worksite lower back injury on an employee's desire to hit the gym and perform, say, deadlifts, creates a problem. The claim may be denied, but the option to file an appeal exists. Working with a lawyer who specializes in workers compensation claims might be the best way to address the appeal.
The Vital Need for a Professional Appeal
Anyone whose claim was denied could write and file the appeal him/herself. When the circumstances surrounding the denial are somewhat complex, turning the task over to a skilled lawyer may be much wiser. If gym time deadlifting is being erroneously blamed for the injury, the appeal must be highly compelling in order to sway opinions. An attorney may be able to craft an appeal that would be hard to disbelieve.
Disputing the Denial
Reversing the denial requires convincing an administrator reviewing the appeal that the injury did, in fact, occur on the job. An attorney could provide significant documentation capable of being very compelling. Reports from medical professionals who attest the injury could not have been caused by a deadlift would be among the submitted evidence. Perhaps even affidavits from trainers stating the deadlift workload was not excessive could potentially be submitted. An attorney will be able to evaluate and determine what evidence would helpfully assist the appeal process.
As one can see, appeals are not always easy to navigate, which is why retaining the services of an attorney makes sense. No one knows how an appeal will turn out, but hiring the right representation certainly aids the cause. For more information, contact companies like Gerald Lutkenhaus.Share