Are you an employer who is facing an unjust workers’ compensation claim? If so, it is essential to know what to do to defend yourself and when to get an employer defense lawyer involved.
Robinson & Lawing, located in Winston-Salem, NC, has exceptional employer defense lawyers who are dedicated to helping businesses throughout North Carolina against unfair workers’ compensation claims. We will provide legal counsel throughout the entirety of the claim, standing by your side when you need us. For more information, give us a call at (336) 631-8500 or contact us online.
Defense Against Claims
Every state in the U.S. offers workers compensation for employees who get injured on the job. The benefits of compensation include lost wages, medical care, death benefits in the event of a fatal accident, and more specific benefits in the case of losing a limb, loss of hearing/eyesight, or disfigurement. However, just because you have an accident does not mean you are automatically approved for compensation. A business will work with an employer defense lawyer to attempt multiple defenses to either deny or delay the claim.
There are a few common defenses an employer will use to avoid having to pay the workers compensation. They are listed below.
- A Non-Work Related Injury- The injury must occur during the employee’s working hours. It does not matter where the injury occurs, at home or in the office, as long as the employee is actively working. If the employee injures themselves off the clock, they cannot make a case.
- Underlying Medical Condition- We understand that medical conditions can come up unknowingly like a stroke or heart attack. However, our Winston-Salem employer defense lawyers will have to prove the medical condition occurred because of the work environment.
- Reckless or Careless Behavior- When the employee was engaged in reckless behavior or misconduct that caused the injury, and there is evidence of the behavior, the claim can be denied.
- A Self-Inflicted Injury- Some employees will go to the extent of harming themselves to gain the benefits of workers’ compensation. Employers should work with an employer defense lawyer in Winston-Salem to prove it was the worker’s fault.
- Being Under the Influence of Drugs and/or Alcohol- One of the most common defenses is proving the employee was intoxicated at the time of the injury. Tests must be performed correctly and promptly to ensure accuracy.
Employer Defense Lawyers in Winston-Salem
At Robinson & Lawing, located in Winston-Salem, we understand how stressful handling a worker’s compensation claim can be. Our employer defense lawyers will do everything in our power to prove the appropriate fault and help your business. Call (336) 631-8500 for more information.