North and South Carolina law both entitle workers who have been hurt on the job a recovery.  The employer’s negligence or the employee’s negligence play no role.

So, how do employers fight workers compensation claims?  The answer is largely that they argue that the on the job accident did not cause the injury or necessitate the medical treatment.

Since workers are entitled to medical bills and a set payment for certain injuries only if they were caused by an on the job accident, that is where employers are left to fight.

For example, if a 50 year old claims to his employer that he has a back injury caused on the job, and the 50 year old can’t point to a particular accident that would have caused his injury, the employer might plausibly argue that the injury was either age related or happened off the job.  Here, the employer is fighting the entire injury.

Another common defense scenario in workers compensation is when the employer argues that some portion of the medical bills after an accident are not related to an injury they concede happened on the job.  For example, a truck runs over the calves of an employee, who had an existing back injury.  If after that accident the employee has medical treatment for problems with his back, the employer will likely argue that the problems with the back are either new or attributable to the underlying condition.

What employers are not entitled to do is argue that an accident was the worker’s fault.

Workers Compensation Attorneys

If you have been injured on the job, you need the help of an experienced workers compensation attorney, like those at RJR Law.  Compare our credentials to those of attorneys at any other firm, then call us at 704.351.7979 or contact us at this link for a private consultation.

For more information about Workers Compensation see: Workers Compensation Blog.