Do I have a claim for worker’s compensation?
You have a claim if you suffered a loss because of a job-related injury.

This means that, to get worker’s compensation, you have to show three things:

First, you have to show that you were injured in the course of your employment – that is, that you were working when you were hurt. For most employees, their work starts the second they drive on to the employer’s premises or parking lot, and work ends when they leave. If you are traveling for the employer, you are covered during the entire trip. If you engage in horseplay at work, you are not in the course of your employment. At all other times, you are.

Second, you must show that your injury happened because of work. Either the work directly caused the injury, or it aggravated some pre-existing condition, or it contributed in some material fashion to the progression of your condition. The mere fact that you were at work when your injury happened is not enough – you must show that the work contributed to the injury.

Third, you must show that you have sustained a loss. This means that you must show that you lost time from work or had some permanent disability or disfigurement. Workers have injuries every day, but to have a claim, you must have sustained either a wage loss or a permanent loss of function so that you have something to claim.

If the employer or insurance company has denied your claim, what they are probably saying is that you have failed to prove one of those elements. If that has happened, contact us and we will identify the problem for you and see if we can help.