Ways Social Media Posts Can Be Used Against Your Workers’ Comp Case

From your mobile phone or from any computer, it is now easier than ever to share what you’re currently up to at any given time. People can construe your posts and photos for all sorts of details: where you are, what you’re doing, who you’re with, and how much money you’re spending. In turn, people can infer things like your physical capabilities, your mental state, your emotional well-being, and your financial circumstances—and what they imagine might not be accurate. Some examples of things people can speculate on from your social media presence:

• A post that simply states, “Clean, crisp air… Feeling good on this lovely spring morning!” Your employer may argue that you’re feeling good enough to return to work. Even if in reality you only intended to comment on the weather—not your health.
• A photo of you making pancakes, holding a spatula. An attorney may say this means your hand injury isn’t bad enough that you can’t use the tools for your job. Even if in reality you were only at the griddle for a moment, for the sake of a picture to share with family.
• A short video of you with friends, who are playing a game of baseball. The insurance company could try to use this as evidence that your back injury can’t be giving you as much grief as you’ve claimed. Even if in reality you didn’t participate in the game itself, and were only there to watch.
• An automatic update from a campground app tied to your social media account, upon arrival at the campsite (tagging your location and the date). Perhaps you did not do anything strenuous on the weekend trip, but it may arouse suspicion for the judge, regardless.

Tips for Using Social Media During Your Workers’ Comp Case

1. Consider taking a break from social media until your case has concluded. Anything you say about your case, your job, your injury, your doctor visits, your process of recovery, or your ability to perform certain tasks could be used in arguments against you.
2. If you do continue to use social media, give some thought to how your words or any images you share could be misconstrued, before clicking the Submit button. Does the family reunion photo make it look like you can stand up by yourself just fine, when the truth is you’re holding on to a handrail that’s not visible in the picture?
3. Keep in mind that even if you stop using social media, your friends and family might continue to do so. And they could tag you in their photos, or talk about what you’ve been up to lately. Let them know what you would like for them to not share with the world at this time.
4. Take a look at the privacy settings on your social media apps and websites. You may wish to choose all the options that offer the highest level of privacy, and to avoid accepting follower requests from anyone you don’t know. Just keep in mind, even then it may still be possible for someone to leak or access information from your profile, one way or another.
5. Use your own email, phone, and computer when communicating with your lawyer. A shared email account, a work computer, or the chat function of a social media app is likely less secure or confidential.
6. Don’t go back and edit or delete old posts on social media. During a workers’ comp case, a judge may consider this to be tampering with evidence. Chances are someone could still dredge up your original posts, anyways.

Insurance Companies Can Hire a Private Investigator

Along with all the data they can glean from your online presence, your employer’s insurance company may choose at some point during the case to hire a private investigator. It is illegal for such a person to enter your home without your consent, to trespass on your property (or place surveillance equipment therein), to wiretap your phone, or to place a tracking device on your vehicle. But things an investigator may do include the following:

• Observe your daily activities in public, noting what you appear to be capable of doing (e.g. “able to drive to the grocery store, walk in the store for a half hour, carry a 24-pack of water bottles,” etc)
• Take photos or video footage of you outside your home
• Interview coworkers, neighbors, and anyone else who could give information about your health or everyday life (including you yourself)

You don’t need to live in paranoia from day to day while your workers’ comp case is ongoing. But it is worth taking a few cautious steps to avoid adding unneeded stress to your case. Stick to your doctor’s orders, and don’t take any unnecessary risks—both for the sake of your health, and your workers’ comp case. If you are not sure about what to share online while your case is ongoing, consult your workers’ compensation attorney for advice.

What Does a Workers’ Comp Nurse Case Manager Do?

The typical duties of a nurse case manager can vary, depending on the patient’s needs and the instructions of the insurance company. A good nurse case manager will assist in coordinating a path to full recovery from your work injury. A bad nurse case manager will try to dictate what treatment you receive—or don’t receive—on behalf of the insurance company’s interests. Typical duties may include the following:

• Create a return-to-work plan for the injured employee
• Schedule medical appointments and follow up on them
• Communicate status of the employee’s recovery to the insurance company
• Provide required paperwork to approve insurance for treatments and medication
• Arrange transportation for appointments
• Coordinate with healthcare professionals to ensure patient’s specific needs are met

Your Rights When Working with a Workers’ Comp Nurse Case Manager

Section G of Utah Admin. Code R612-300-2 – Obtaining Medical Care for Injured Workers goes over the injured worker’s right to privacy (note the “agent of the payor” includes nurse case managers):

No agent of the payor may be present during an injured worker’s medical care without the consent of the injured worker. However, if the payor’s agent is excluded from a medical visit, the physician and the injured worker shall meet with the agent at the conclusion of the visit or at some other reasonable time so as to communicate regarding medical care and return-to-work issues.

When you meet with a healthcare professional for an exam, checkup, treatment, or surgery, you have the right to decline a nurse case manager’s presence. This way you and the doctor can decide on treatment, medication, and work restrictions without outside influence. The nurse case manager may speak to your doctor after the conclusion of your appointment, and you may wish to stick around to ensure the message they receive is accurate. They will be reporting back any useful information to the insurance company they work for.

Careful Communication

Here are a few tips to keep in mind when speaking with your nurse case manager:

• Don’t agree to any changes to your recovery plan before consulting with your doctor.
• Don’t downplay your injury or illness, or try to guess how soon you will get better.
• Don’t talk about issues unrelated to your current injury or illness (such as pre-existing conditions).
• Don’t let yourself get pressured into saying you’re ready to return to work before you’ve made a full recovery.
• Don’t agree to change your doctor at the nurse case manager’s insistence.

Your Doctor, Your Nurse Case Manager, and Your Workers’ Compensation Attorney

Remember, it is your doctor who should be recommending a course of treatment for your recovery—not the nurse case manager. If you feel your nurse case manager is making decisions that are not in your best interest, go over your concerns with them. If they are unwilling to cooperate, try speaking with the claims manager of your employer’s insurance company. Or get in contact with a workers’ compensation lawyer (such as a Rose Legal attorney), who can help protect your rights and keep the nurse case manager from damaging your claim.

• carry workers’ comp insurance
• post protocol to follow (in the event of a work injury or illness) somewhere in the workplace
• provide paperwork for employees to make a workers’ comp claim
• report your injury to their insurance carrier and the Utah Labor Commission
• offer a list of medical facilities under their workers’ comp plan

However, sometimes an employer may encourage you to not make a workers’ comp claim. In other instances, an employer will fail to file your claim out of negligence. And in some cases, an employer could simply refuse to file the claim you’ve made. Employers may not wish to cooperate in order to limit the cost of their company’s workers’ comp insurance. Or they may feel your injury or illness is not that serious, or not truly the result of job-related duties. Whatever your situation may be, there are steps you can take to file your claim and receive legal guidance.

Report Right Away

If you suffer a workplace injury or work-related illness, it is important to report it to your employer as soon as you are able. In Utah the requirement is within 180 days—but the timelier you are, the stronger your case will be to insurance companies. Even if your ailment seems relatively minor at first, it’s well worth taking the time to document it. A workplace accident that “kind of” hurts your back the day of, could hurt your back more severely a month later.

When reporting an injury or illness, complete the required paperwork in writing, properly sign it, and keep a copy for your own records. If your employer denies you reported your ailment, this can serve as evidence that you did your part.

Seek Medical Attention

Even if your employer fails to file your claim, you should still go see a doctor. This is not only important for your physical and mental well-being, but it also provides documentation of your ailment. Having a detailed medical history may be key to getting your workers’ compensation claim approved in the event it’s contested. Inform your physician that your ailment is directly tied to your work—that way it’s stated in your medical records.

File the Claim Yourself

After they’ve been informed, employers are supposed to report workplace injuries and illnesses to their workers’ comp insurance carriers within seven days. If they fail to do so, they may receive a fine, face criminal charges, or risk a lawsuit. Regardless, it is possible to file the workers’ compensation claim yourself, if needed.

If you contact the Utah Labor Commission, you can receive the forms and instructions you need to report your injury or illness. Then you can gather as much of the following to support your claim:

• medical history documents
• witness statements
• any useful correspondence that backs your claim
• records of any interactions you had with your employer regarding the injury or illness
• any other documentation that includes pertinent dates, times, and details

Consult a Workers’ Comp Attorney

If your employer fails to file your claim, an attorney who specializes in workers’ compensation law can guide you through the process. Legal representation can be especially critical if your ailment is serious, if your employer is hostile, or if there is a complex dispute surrounding certain aspects of your incident. An experienced lawyer at Rose Legal will be able to help you put together your workers’ comp claim, appeal a denial, and file an Application for Hearing with the Utah Labor Commission. Doing these things can ensure your rights are protected and that you receive the care and resources you deserve.

If You Can Still Work, but Not at the Same Job

When a work-related injury or illness is severe enough, it can prevent you from returning to your job, or to any other job available from your employer. Vocational rehabilitation services can help you retrain for a new job or career. For example, a rehabilitation counselor could help you put together a pertinent resume, give you a vocational evaluation, and come up with a game plan for returning to work as soon as possible. The goal would then be to find a job that pays close to the wages you earned before your work injury or illness. This new job would be one that complies with all the work restrictions provided by your physician.

If You Can’t Return to Work at All

If your work-related injury or illness prevents you from working in any job, it constitutes a permanent disability. Long-term workers’ comp benefits fall under two categories: permanent partial disability (PPD) and permanent total disability (PTD). These benefits provide compensation based on the severity of your disability and its impact on your ability to work. A workers’ comp lawyer can help you explore available resources to provide you with financial support and other services that assist in adjusting to life with a disability.

Social Security Disability Benefits

Social Security Disability Insurance (SSDI) is an option available for many who are permanently unable to work. It financially assists those who have paid Social Security taxes, but can no longer work due to a disability. However, the Social Security Administration (SSA) has requirements you must meet regarding your ability to perform necessary tasks for employment. The SSA also typically expects your condition to last at least twelve months, or to result in death if less than that. Applying for SSDI often involves extensive documentation and medical evidence. A lawyer who specializes in this field can assist in the demanding process of getting your claim accepted.

Consult a Workers’ Compensation Attorney

Beyond the financial and legal concerns, there are many issues to deal with following a work injury or illness. You will likely need to spend time focusing on your physical and emotional well-being. A workers’ comp attorney can deal with the process of your workers’ compensation claim in the meantime. Claims involving permanent injuries can be especially complicated, so it’s all the more valuable to consult with an experienced attorney. You will want to ensure you receive the full benefits you deserve, so you can concentrate on your life’s new challenges and opportunities. Text or call 801-810-7673 to consult a Rose Legal attorney and explore your legal options.

Does Workers’ Comp Cover You If You Work from Home?

When employees are injured or fall ill for job-related reasons, they are entitled to workers’ compensation. This typically covers medical expenses, rehabilitation costs, and a portion of wages lost during the recovery period. This is a requirement for both those who work in a traditional office and those who work in a home office. However, remote workers need to consider some unique challenges when it comes to workers’ compensation.

When Workers’ Comp Applies to Remote Employees

Remote employees are only covered by workers’ comp if their injuries or illnesses are related to their jobs. Depending on the circumstances, a court may debate whether or not an incident is within the scope of your employment. For example, tripping over your pet in the hallway while taking a break may be deemed unrelated to work, as opposed to tripping over a wire of your work computer while addressing a technical issue. In the case of injuries, it can also be challenging for remote employees to prove that an incident occurred specifically while performing a work task.

Common Injuries for Employees Who Work from Home

A controlled workplace environment must follow a set of safety standards. Your home, meanwhile, may present a variety of hazards and distractions that you would not encounter at a regular office. Though your home is likely familiar to you, it is still worth maintaining a clear awareness of your surrounding environment. Slips, trips, and other collisions can result in head injuries, back injuries, lacerations, sprains, strains, and broken bones.

Another concern for remote workers to watch out for are repetitive stress injuries. These are cumulative injuries that build up over time, such as carpal tunnel syndrome. Some who work from home are likely to have a less ergonomic workstation than that of a traditional office. Poor posture and repeated straining movements can lead to chronic pain, stiffness, swelling, numbness, limited range of motion, and decreased mobility.

Steps to Take for Preventing Work-from-Home Injuries

Remote workers can make their home office safer by removing clutter, keeping the room well-lit, and wearing non-slip shoes. As for the workstation, set it up in a way that you can use your keyboard, mouse, and phone comfortably. Keep the monitor at eye level, sit with proper posture, and take regular breaks. Stand up and move around a bit when you can.

In the event that you are injured or suffer a job-related illness while working from home, report the incident to your employer as soon as you can. Keeping records of work hours and assigned tasks can also help support a workers’ compensation claim. In turn, an experienced workers’ compensation attorney can help ensure your claim is handled smoothly and fairly. Rose Legal can give you the legal advice you need, and then guide you through the process.

When Employees Commit Fraud

An employee fraudulently claiming workers’ compensation benefits is subject to criminal prosecution. One can commit workers’ comp fraud in many ways, such as the following:

• exaggerating the effects of an injury (making it appear worse than it actually is)
• making a claim for an illness unrelated to the employee’s job
• failing to report income on other jobs
• misrepresenting an inability to work while receiving temporary disability benefits

When Employers and Health Care Providers Commit Fraud

In turn, an employer will be subject to criminal prosecution when committing acts such as these:

• obtaining workers’ compensation insurance by fraudulently underreporting payroll
• discouraging an injured worker from making a claim
• misclassifying employees as independent contractors to avoid paying insurance premiums
• engaging in other material misrepresentations

Health care providers can also commit workers’ comp fraud in order to support a false claim for benefits. For example, a hospital could bill for services that were not performed or for medical care that was not provided.

The Consequences of Workers’ Compensation Fraud

The penalties for workers’ comp fraud can vary depending on the jurisdiction and a wide range of other factors. Such factors include the severity of the offense and whether or not the accused is a repeat offender. The conviction may then be deemed either a misdemeanor or a felony. Either way, these are some of the possible penalties:

• a hefty fine (potentially double the amount of the fraud)
• restitution orders to repay all unlawfully obtained benefits
• years of jail time

Long-term effects of this would be a tarnished reputation and damaged credibility. This in turn can make it more difficult to secure future employment or obtain insurance coverage.

When individuals seek to exploit the workers’ compensation system dishonestly, they undermine the integrity of the system and compromise its effectiveness. This means that those who do have legitimate claims may consequently face greater scrutiny, making it harder for them to obtain their rightful benefits. A foundation of trust between employers, employees, health care providers, and insurance companies is important for workers’ compensation programs to run as effectively as possible.

How You Can Combat Workers’ Comp Fraud

The best way to protect your claim is by being truthful about the incident and your medical history. It is important to report work-related injuries and illnesses as soon as possible, then receive the medical evaluations and treatments prescribed by doctors and other professionals. Your claim will be strongest when you go through the proper channels and have a medical history that is similar to the injury or illness you’ve declared to have received from your job.

If you are accused of workers’ compensation fraud or feel your employer has failed to provide an appropriate workers’ compensation insurance plan, Rose Legal can help you through the ordeal. Call or text us with your questions today at 801-810-7673.

Each year, there are more than 20,000 work injuries in the U.S. related to ice, snow, and sleet. When getting to and from work—and while you’re on the job, if you work outside—keep these tips in mind to avoid falls on ice during the cold winter months.

Choosing a Path

When it’s wintertime, be sure to plan ahead. Check the weather forecast and give yourself plenty of time to get to work when you know there will be snow and ice to deal with. Choose well-lit walkways that have been shoveled and salted whenever possible, and consider an alternate path when your typical route looks hazardous. It’s important to be fully aware of your surroundings, so avoid distractions such as your cell phone. You’ll want to be alert enough to react in time should you start to slip.

Hidden Danger

Black ice, a transparent film of ice that forms over dark surfaces, can be particularly hazardous. Keep your eyes peeled for these icy patches, which are especially common in shady areas and on bridges. Before stepping down from a car, step, or platform, you can test for black ice by carefully tapping the spot below with your toes.

The Right Shoes

For snowy winters, it’s useful to invest in shoes or boots that offer grip on slippery surfaces. Avoid shoes with smooth soles, loose shoes, and shoes with high heels. Boots with deep tread or ice cleats that attach to your shoes can provide the traction you’ll need. Then when entering a building, don’t forget to use floor mats to remove the moisture from the soles of your shoes. This will help keep not only yourself from slipping, but anyone else who walks in after you as well. If you plan to switch to indoor shoes, be sure to sit down first before removing your winter footwear.

Along with the right shoes, it is wise to dress for the cold weather in general. Should you slip on the ice, gloves and multiple layers of clothing will provide extra padding, which may prevent you from getting a nasty scrape or bruise.

Holding On

Whenever you navigate icy stairs or sloped walkways, be sure to use handrails for support. If you need to steady yourself, hold on to stable structures. You’ll need to keep your hands free in order to do this, so avoid walking on ice with your hands in your pockets, or while carrying large items. And when exiting or entering a vehicle, remember the “three points of contact” rule: keep two hands and one foot, or two feet and one hand, in contact with the vehicle. Step straight down, rather than outward.

How to Walk

The common advice for avoiding falls on ice is to “waddle like a penguin.” This means taking short, shuffling steps, walking carefully and deliberately. Try to keep your center of gravity low, balanced over your feet. Walk flat-footed and with a wide stance, never leaning too far forward or backward.

Should You Fall…

If you do lose control and slip, try to land on your seat or back, rather than on your head or arms. After falling, it’s best to wait for someone to help you back up. In the event of an injury, hastily trying to stand up on your own could lead to another fall (which could hurt you even more). If uninjured and by yourself, move slowly when getting back up—first to your hands and knees, and then to your feet. If there’s a handrail or sturdy object nearby, you can use that to pull yourself up.

Reduce your risk of falling on winter’s snow and ice by staying mindful of your surroundings and treading carefully. Remember: slow and steady—it’s not a race.

Truck driving is a demanding job with numerous risks. Here are some of the most common injuries encountered by truckers:

1. Traffic Injuries

Truckers face a wide variety of hazards while on the road, such as unsafe car drivers and adverse weather conditions. They must also remain vigilant against fatigue and drowsiness while driving long hours on the highway. When involved in a collision or other traffic accident, it is important to seek prompt medical attention—even if you don’t feel hurt at the time. Some injuries may take days or even weeks to become notably painful.

2. Shoulder Pain

Maintaining the same position while holding the steering wheel day in and day out can lead to shoulder pain. It is also possible to injure your shoulder when performing tasks such as pulling the fifth wheel release.

3. Back Pain

Back injury is one of the most common risks faced by truckers. When seated for long periods of time, poor ergonomics in the cabin can put pressure on discs in the lower back or on the spine. Other causes of back pain include repeated reaching for the gear shifter, lifting heavy cargo with your back, or sleeping in the truck at an odd angle.

4. Neck Pain

Along with shoulder and back pain, it is possible to sustain neck pain as well while seated for long hours. A trucker’s seat also tends to vibrate and bounce, agitating the discomfort further.

5. RSI (Repetitive Strain Injuries)

Knee injury is an example of a repetitive strain injury for truckers, due to repeated jumping out of trailers when loading and unloading the truck. Other repeated movements while driving can also lead to carpal tunnel syndrome or tendonitis.

6. Falling Injuries

When getting in and out of the cabin, truckers have to be cautious to avoid slipping off the step, which can vary in height depending on the truck. The “three points of contact” rule—keeping two hands and one foot, or two feet and one hand, in contact with the truck while entering or exiting—can help avoid falling injuries.

7. Crush Injuries

Damage to the back, neck, arms, and shoulders is possible when operating loading dollies and other transport equipment. Truck drivers also have to be wary of stacks of cargo tipping over, and to be careful not to accidentally shut the trailer door on their fingers.

8. Work Site Injuries

Since truckers have to work at a variety of warehouses, docks, terminals, and truck stops, each place has the potential to have its own unique safety hazards. Wet surfaces, uneven walkways, poor lighting, and moving equipment can all pose dangers.

9. Overexertion

Strains, sprains, and worse injuries can occur when lifting heavy objects the wrong way. While bringing in and taking out cargo, securing loads, and performing maintenance tasks, truckers are at risk of overexertion injuries.

10. Long-Term Lifestyle Impairment

Jobs that consist of sitting for long stretches of time can increase one’s risk of diabetes, heart attacks, and strokes. The fact that the work of truck drivers consists of many hours of sitting followed by bursts of strenuous activity (reaching, bending, lifting, and stacking—at times under the pressure of a tight schedule) can lead to unexpected injuries in the long run.

By taking measures to address these common trucking injuries, employers and drivers can cooperate in creating a safer working environment. But when the worst does happen, Rose Legal can see to it that truckers injured on the job will receive the benefits they are entitled to by law.

Injured at Work?

If you have been hurt at work in Utah, here are the 5 things you need to do:

1. Report the details of the accident to your supervisor immediately.
2. Seek medical treatment as per your workplace guidelines.
3. Follow your doctor’s orders and medical instructions.
4. Verify and get copies of:
   • your employers Form 122E – Employers First Report of Injury or Illness
   • the insurance carrier’s Form 122C – First Report of Injury or Illness
   • the doctor’s Form 123 – Physician’s Initial Report of Work Injury or Occupational Disease
   • your workers’ compensation insurer’s denial or acceptance letters
   • medical records from all doctors that treated you after your accident
5. Consult with a workers’ compensation attorney if your claim is denied or underpaid.

From the Utah Labor Commission Website

An injured employee should report an injury or illness to their employer immediately. It is the responsibility of the employee to report the injury to a physician, supervisor, manager, human resources person, or any individual or department that should receive the report of injury. If the employee is not able to report the injury directly, next of kin can report on their behalf. It is important to ensure the report of an injury or illness is documented. If an injured employee fails to report an injury or illness within 180 days, they may be disqualified from receiving workers’ compensation benefits.

Once an injury or illness has been reported to the employer, the employer has 7 days to report the claim to its insurance carrier and the insurance carrier has 14 days to report the “First Report of Injury” (Form 122) to the Industrial Accidents Division. The employer and its insurance carrier must provide a copy of the report to the injured worker.

A doctor treating an injured employee is required to complete a “Physician’s Initial Report of Injury or Illness” (Form 123) and submit the report to the Industrial Accidents Division within 7 days of the initial visit. An injured employee should explain to the treating doctor HOW, WHEN and WHERE the injury or illness occurred. The injured employee can request a copy of the Form 123 from the medical provider.

The insurance carrier will open a claim for benefits once they have received either one or both reports from the employer or doctor. The insurance carrier is to make a determination of compensability of the injury or illness within 21 days of having received the claim for benefits. If further investigation is necessary, the insurance carrier or self-insured employer has an additional 24 days to accept or deny your claim.

Hurt at work in Utah? Contact Tim Rose today.

legal@workcomputah.com

801-810-ROSE(7673)

1) Failure to Report Accident Timely

Report the injury or illness to your employer immediately. If you fail to report an injury or illness within 180 days, you may be disqualified from receiving workers’ compensation benefits. Injuries requiring only first aid treatment, either on-site or at an employer-sponsored free clinic, do not have to be reported. For an explanation of what constitutes first aid treatment, refer to the Labor Commission’s Rule R612-100-2(J), at. Once you notify your employer that you have been injured at work, your employer must report the injury to their insurance carrier and the Utah Labor Commission. Your employer and your insurance carrier are required to give you a completed copy of this report along with a copy of Form 100 that explains your rights under the law. If your employer refuses to report the injury, you can report it directly to the Labor Commission or file an Application for Hearing. Your employer can be fined by the Commission for failure to report your injury.

2) Intoxication or Drug-Related Violation

Workers’ compensation is a no-fault system. However, disability compensation (but not medical benefits) may be denied for injuries from alcohol or drug abuse. Also, disability compensation can be reduced by 15% for willful failure to use safety devices or follow safety rules. It is best to consult with an attorney immediately if your workers’ comp claim was denied following a drug test.

3) Idiopathic Condition

Idiopathic: Of unknown cause. Any disease that is of uncertain or unknown origin may be termed idiopathic. If you suffer a heart-attack at work it is likely to not be considered a workplace accident. There are exceptions to this if the idiopathic condition leads to an injury. If your claim has been denied due to an idiopathic condition, it is best to consult with an attorney about the specifics of your case to see if you may still have a valid claim.

4) Pre-existing Condition

In order to prevail on a workers’ compensation claim, the injured worker must show that the injury was caused by the work accident. This is proved by the medical opinions of doctors. If the medical records show that there are no preexisting conditions contributing to the work injury, then any kind of accident, activity, or exposure at work satisfies legal causation. However, if there is a pre-existing condition that contributes to the injury, then the worker must show that the work had enough influence on the injury to make the injury compensable as a workers’ compensation claim. This is referred to as the “Allen Test” after the case that come up with the criteria to determine legal causation for cases involving pre-existing conditions. See, Allen v. Industrial Comm’n, 929. P.2d 15 (Utah 1986). If your workers’ comp claim was denied due to a pre-existing condition, it is best to consult with an attorney about the specifics of your case to see if you may still have a valid claim.

5) Injury Does Not Qualify per Statute

Section 34A-2-401 of the Utah Code provides that “An employee … who is injured and the dependents of each such employee who is killed, by accident arising out of and in the course of the employee’s employment, wherever such injury occurred, if the accident was not purposely self-inflicted, shall be paid: (a) compensation for loss sustained on account of the injury or death; (b) the amount provided in this chapter for: (i) medical, nurse, and hospital services; (ii) medicines; and (iii) in case of death, the amount of funeral expenses.”

In order to be compensated, the employee must show that the injury was “in the course of employment”. This is usually fairly simple – ‘I was at work when I fell off the ladder and broke my arm’. However, sometimes the question of whether the employee was in the course of employment is more difficult to determine – or prove. If your claim has been denied based on whether you were “in the course of employment”, it is best to consult with an attorney about the specifics of your case to see if you may still have a valid claim.

6) No Medical Evidence of Injury

An injured worker must show supporting medical documentation that shows the injury is connected to the worker’s employment. This can be done by a doctor’s medical report. The doctor’s report is one of the most important documents you can have to prove your claim. An injured worker should always get copies of the medical records pertaining to the work injury and review them to make sure the doctor is reporting the injury accurately. If your claim has been denied due to a lack of medical evidence, it is best to consult with an attorney about the specifics of your case to see if you may still have a valid claim.

Sometimes you need legal help, or you just have a question about your workers’ compensation claim — we get it. Go ahead, give us a call or text and we can get you the peace of mind about your claim that knowing your rights brings. If you need legal help, we are here for you — if you don’t, we are happy to make sure you are being taken care of with your claim. Call 801-810-ROSE(7673) today.

We are always able to help you via workers’ comp remote assistance. We can answer any questions and get all your paperwork started from the comfort and safety of your own home. Don’t delay getting the benefits you need during this uncertain time. Set an appointment for an experienced workers’ comp attorney to call you, or call us today!