Car Accidents and Lawyers to Reduce Stress

Posted on: 24 April 2015

If you find yourself having to take legal action to secure a workers' compensation claim, you know that there are several nuances and exceptions that may make the process seem daunting. Rather than allowing yourself to be frustrated, and thus abandoning your claim to what's rightfully yours, you should do your best to inform yourself of your rights and pursue what you're owed.

Below, you'll find an outline of some basic principles that govern the awards of workers' compensation cases. Having this information in mind will allow you to appropriately shape your expectations while also guaranteeing that you've done everything you can to be engaged, informed, and an advocate for your rights.

Protection From Negligence

Many people hesitate to file a workers' compensation claim because they believe they were at fault in the incident in question. Even if you were engaged in practices that may run contrary to instructions or may be inherently unsafe, you still are entitled to protections if those actions were done in a good faith attempt to complete a job.

There are, however, some exceptions. In many jurisdictions, if a court finds that you were engaging in horseplay, you may not be entitled to relief. In nearly every court, if you can be proven to have been legally intoxicated at the time of the event, you also will received a greatly diminished settlement, if any settlement at all.

Coverage While Traveling

Many people believe that injuries suffered in an auto accident while traveling to and from their job will not be covered under workers' compensation. While this is true in many cases, some courts in recent years have carved out relevant exceptions.

If you're traveling between job sites when you're injured, you will almost certainly be covered under workers' compensation. Similarly, if you're traveling on a personal errand that has a legitimate dual function for your job, you may also be able to receive some financial relief.

Pre-Existing Conditions

If you suffer from a pre-existing medical condition that is made worse by an action on your job, don't be discouraged. In fact, in many cases, sufferers of pre-existing conditions can receive significant workers' compensation awards if it can be proven that their condition was made unmanageable by their job incident. Workers' compensation claims are designed to protect your health and your financial future, and coming into your employment with a medical situation that suddenly becomes uncontrollable does not disqualify you from that protection.

For more information, work with an experienced lawyer like Robert W. Sebera, PC.