Savannah Workers’ Comp Attorney Manages Appeals for Work-Related Injuries
Effective assistance when your employer says your injury or illness isn’t covered
Workers’ compensation is a no-fault insurance program that pays benefits for work-related injuries and illnesses. But what happens if you’re seriously injured and your boss says it’s not related to your job? Your claim is denied and you’re on the hook for your medical expenses, plus you’re out of work with no income benefit to ease your financial burden. At Anderson Law Firm, we help workers in these troubling circumstances. Since 1993, we have helped workers overcome denials of their claims for a wide variety of reasons, including allegations that their injuries or illnesses were not work-related. We are ready to apply our vast experience to your case and fight for the benefits you deserve.
When is an injury work-related?
The law says a work-related injury is one that “arises out of employment” and occurs “in the course of employment.” Basically, that means you have to be doing something to benefit your employer when you sustain an injury. Many injury events are obviously work-related, but there are gray areas that insurance companies seize upon to deny claims. These can include:
- Auto accidents — If you are commuting to work, you are generally not covered. The exception would be if you were injured going out of your way for a work purpose, such as picking up supplies for the office, or if you were driving to a different worksite for a work purpose, such as an in-service. If you drive as part of your work activity (e.g., sales, deliveries), you are generally covered. If the other driver was at fault, you also have grounds for a personal injury lawsuit.
- Lunchroom injuries — Generally, workers are covered during regular break times, especially in designated on-campus spaces. But there are exceptions. If, for example, you choke on food you prepared yourself and suffer an injury as a result, you may not be covered.
- Parking lot injuries — If your worksite provides parking, you are generally covered if you are hurt on your way in and out of work. But if you’re dashing to your car to perform a quick, personal errand in the middle of the day and you fall, you may not be covered.
- Injuries at company outings and parties — Because of the risk of injury, many companies try to distance themselves as much as possible from the events they sponsor, even issuing disclaimers to attendees. The question of coverage often depends on the level of company sponsorship and the degree to which workers perceive the event as voluntary.
- Injuries that could have off-the-job causes — If you come down with a lung ailment and blame caustic chemicals in the workplace, but you’ve been a lifelong smoker, you may have difficulty proving your illness is work-related.
- Injuries that result from violations of company rules — If you are horsing around and someone gets hurt, you may not be covered. However, if your company has a history of ignoring horseplay, you may be covered.
If your injury sounds like one of these gray-area examples, an experienced attorney may be able to assemble the facts necessary to convince an appeals judge that your injury was work-related.
Common workplace injuries and illnesses
In our practice, we have represented construction workers, service and hospitality workers, manufacturing plant workers, healthcare workers and others with a variety of injuries and illnesses resulting from:
- Repetitive stress — Repeating the same motion over and over again can cause inflammation and pain. Examples of repetitive stress injuries include carpal tunnel syndrome, tennis elbow, shoulder impingement syndrome, degenerative disc disease, and sciatica.
- Falls — Trauma from a fall can cause bone fractures, concussions and traumatic brain injury, torn cartilage or ligaments, displaced disc and compressed vertebrae. Reacting to a slip or trip, even when you don’t fall, can also cause injury, such as muscle strain or whiplash.
- Overexertion — Straining to lift objects can cause muscle strain, whereas continuous exertion for too long a time can cause heart attack and stroke.
- Trauma — Being struck by an object can cause concussion, TBIs, bone fractures, bruising, and soft tissue injuries.
- Toxic exposure — Industrial workers are often exposed to caustic chemicals that produce debilitating illnesses, such as emphysema and COPD. We have also helped clients suffering from mesothelioma due to asbestos exposure.
Whatever the type or extent of your injury, we are determined to help you overcome a claim denial and obtain the benefits you deserve.
If you’ve been denied benefits for a work-related injury, contact our law firm
Anderson Law Firm helps employees appeal denied claims for work-related injuries and illnesses. To schedule a free consultation, call us at 912-328-6491 or contact us online. We are conveniently located at 340 Eisenhower Drive, about a mile west of the Savannah Botanical Gardens.