A recent workers’ compensation case demonstrates just what the law means when it calls for the “objective symptoms of an injury.” The Missouri Court of Appeals upheld a lower court decision awarding benefits to a nurse with a back injury because the symptoms of her injury would have been apparent to individuals other than herself. […]
Anyone who has dealt with workers’ comp knows this: Usually, injuries during trips to and from work aren’t covered. But a state representative in Oklahoma has an interesting argument on why he should get workers’ comp for a traffic crash.
Overexertion injuries: They’re not only the most common type of injury, they’re also the most expensive, making up 25.7% of all workers’ comp claims nationwide.
No question the employee in this case suffered a workplace back injury. But was the company on the hook for workers’ comp for all of the employee’s subsequent back problems?
Experts say with more obese adults in the U.S., workplace injuries are likely to increase. However, obesity itself is sometimes the sole cause of an injury. Which one happened in this case?
Back injuries are the most expensive and most prevalent workplace injuries in the U.S. But up until now, no one has looked at what factors might contribute to back reinjury for employees who return to work.
Workers’ comp laws in some states do contain provisions to discourage employees from trying to cheat the system. Here’s one example:
An example of how tricky back injuries can be: A worker injured his back in 2005. A court had to determine if his current pain is related to the incident nine years ago.
When can a company’s workers’ comp insurance stop paying for an employee’s injury? And who bears the burden of proof whether the employee’s current pain is due to a long-ago injury?
An injured worker who refused to go to a doctor’s appointment scheduled by the workers’ comp insurance carrier is still entitled to temporary total disability (TTD) benefits, according to a state court. In Victory Insurance Company v. Andell, the Workers’ Compensation Court of the State of Montana found that the worker’s refusal to go to […]
When workers don’t report injuries right away and then apply for workers’ comp benefits, it often raises a red flag. With conflicting testimony, these cases often come down to which side the court finds more believable.
In this state, if a worker refuses a drug test after a workplace injury, he’s presumed to be intoxicated and workers’ comp benefits can be denied. But in this case, the worker didn’t take the drug test and he got benefits anyway. Why did a court allow the worker to receive benefits?
If a job required lifting 25 pounds, you wouldn’t hire someone with a 20-pound lifting restriction. But let’s say a worker hid that information from you, was injured on the job and filed a workers’ comp claim. Would the worker get benefits?
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