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Challenges with proving an injury is related to your work

| Jun 3, 2021 | Workers' Compensation

One obstacle people might encounter when they are pursuing workers’ compensation benefits is establishing that their condition occurred out of and in the course of their employment. 

In situations where there is a single accident, witnesses and an injury that is a direct result of the incident, proving it is related to work can be straightforward. However, there are several scenarios where it is more complicated.

Chronic conditions

Conditions like high blood pressure, back pain and diabetes can develop over time. And they may not be strictly related to a person’s job, but they can still cause people to miss work and require medical care. 

Thus, making the connection between an illness or injury and work can be difficult when other factors unrelated to an occupation could be involved.

Injuries off the clock or off-site

An injury does not necessarily need to happen on a job site or during work hours to be compensable. However, those that do not can be more complicated to prove for the sake of workers’ compensation benefits.

Per state laws, an accidental injury must arise out of and in the course of employment. These are different metrics, but essentially they mean that a person must show that work conditions exposed them to a risk of an accident. And the injury must occur while a person was at work and at a place where work was being performed. These can be challenging requirements for people who work odd hours, off the clock or in multiple locations.

Employee’s actions

While an employee need not prove negligence to receive workers’ compensation benefits, they may not be eligible if they contributed to their own injuries.

For instance, workers who were roughhousing, impaired or acting recklessly when they suffered injuries may not receive benefits.

Overcoming these obstacles

These situations can make it more difficult to secure workers’ compensation benefits in Maryland, which is why it is especially critical to be thorough in your application and diligent with tracking your medical care. 

You can also expect there to be an investigation into a claim. Therefore, recording details of your work environment and any correspondence between you and your employer regarding your condition will be vital.

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