If you're pursuing a workers' compensation case for the first time, you should know that there are many important factors that influence your case and its outcome. The following are seven of the most important factors to be aware of, analyze, and evaluate as your workers' compensation case begins and moves forward.
Your injury
Your injury is among the most important factors in your case. You're going to need to show that your injury occurred on the job as a result of working conditions at your place of employment. Also, your injury must be severe enough to prevent you from returning from work. One important thing to realize is that it doesn't necessarily matter if the injury is your own fault. You are still eligible for workers' compensation for on-the-job injuries that occur as a result of your own mistake.
Your ability to pursue workers' compensation despite preexisting conditions
You shouldn't worry that you won't be eligible for workers' compensation because of a preexisting condition. Your employer is responsible to compensate you for an on-the-job issue or accident that aggravates a preexisting injury.
The statute of limitations
Anyone involved in a workers' compensation case needs to be aware of what the statute of limitations is for such a case. The statute of limitations is the length of time you have after the incident occurs to file suit against your employer and your employer's insurance company. The statute of limitations for particular cases typically varies by state. Do some research to find what statute of limitations is relevant to your unique situation.
Your medical treatment and history
Your medical records are going to be needed in your case. Your medical records will more thoroughly support your workers' compensation case if you can show that you have been vigilant about going through with all the treatment recommendations of your doctor.
Your doctor
You may need your doctor to testify for you in your case. Your doctor and your relationship with your doctor are therefore important factors.
Your employer and employer's insurance company
Your employer's response to your injury is a significant factor in your case. If your employer did not respond properly when you reported your injury, you can use this against your employer in your case.
Also, your employer's workers' compensation insurance company is an important factor. The caliber and available resources of the legal representation of your employer's insurance company may impact the outcome of your case.
Your attorney
You need to choose the right attorney to have the best chance of getting a favorable outcome in your workers' compensation case. Choose a workers' compensation attorney who is in your area to get started.