Challenges With Proving an Injury Is Work-Related
After suffering an injury as an employee, you might expect workers’ compensation benefits to help cover your medical expenses, a portion of your lost wages, and other related costs. However, in Vermont, you must prove that your injury is work-related before you can recover workers’ compensation benefits. And proving that some injuries are work-related is not always straightforward. Understanding the challenges workers often face in establishing that an injury is job-related can help you protect your rights and strengthen your claim.
Below are three of the most common issues injured workers in Vermont face when proving an injury is related to their work.
- Chronic Conditions and Repetitive Stress Injuries (RSIs)
Chronic injuries and repetitive stress or strain injuries are common forms of work-related injuries among workers in Vermont. These injuries develop slowly over time due to repetitive movements, prolonged awkward positions, or other workplace factors. Common examples include carpal tunnel syndrome, tendonitis, and bursitis.
Proving the connection between a chronic injury or an RSI and an employee’s work can be challenging. Employers or insurance companies may argue that age, non-work-related activities, or pre-existing injuries caused the worker’s condition. To prove that your chronic condition or RSI is related to your work, you must provide evidence showing a clear link between your job duties and the injury. Often, this requires detailed medical records and expert opinions from medical professionals who understand these types of injuries.
- Off-Site or Off-The-Clock Injuries
Sometimes, employees suffer injuries when they are technically “off-the-clock” or not physically at the job site. Fortunately, in Vermont, an injury must not have happened on a work site or during work hours to be covered. Vermont workers’ compensation law requires the injury to have arisen out of and in the course of employment. This generally means that your injury must have occurred while you were doing your job or something work-related, and because of the nature or conditions of your job. If your injury happened while you were technically “off-the-clock” or weren’t physically at your work site, it may still be compensable. For example, if you slipped and fell while at a mandatory work event off-site, your injury may still be covered. Also, if you were working from home and sustained an injury while working, you may still be eligible for benefits. Whether your injury is covered depends on the specifics of your case, so it is crucial to speak with a skilled Vermont workers’ compensation lawyer.
- The Employee’s Actions
Another common obstacle when it comes to proving an injury is work-related involves the worker’s behavior at the time of the injury. Your employer or the insurance company may try to argue that your actions disqualify you from coverage. However, in cases of simple negligence, you may still be entitled to benefits. On the other hand, injuries caused by intoxication, intentional misconduct, or horseplay may not be covered under workers’ compensation.
A vital step that can help you overcome these challenges is consulting an experienced workers’ compensation attorney. Additionally, gathering strong evidence can support your claim and improve your chances of recovering the benefits you deserve.
Contact a Vermont Workers’ Compensation Attorney
If you need help proving your injury is work-related, contact our skilled Vermont workers’ compensation attorney at Sluka Law PLC.
Source:
vtmd.org/understanding-workers-compensation-part-ii-vermonts-workers-compensation-statutes-rules-and-legal-precedents#:~:text=Definition%20%2D%20An,618(a)(1)%7D
