Navigating Uncommon Workers’ Comp ClaimsBy Kenton Koszdin on December 16, 2020 | In Workers Compensation Claims
Working a steady job with an employer who’s responsible enough to carry workers’ compensation insurance can put any employees’ mind at ease, especially if they suffer one of the more common forms of workplace injury, like slipping and falling or being injured by faulty equipment. But what if your workplace injury stems from something that isn’t so common?
An Uncommon Workplace Injury
Earlier this year, a man named Teshome Workagegnehu was injured on the job in Virginia and found himself with a denied claim due to the uncommon reason for the injury occurring. What could have been so uncommon or abnormal that, upon review, his claim was denied? As it turns out, this man was attacked by his co-worker while on the job. The assault occurred after a disagreement between the two employees and, due to the injuries sustained, Workagegnehu was left unconscious and in need of emergency hospitalization. Unfortunately, according to the initial review of this case, when Workagegnehu filed for workers’ compensation, it was deemed non-compensable, and his claim was denied. Their reasoning was that non-work-related factors caused the injuries sustained during this assault, i.e., the motive behind the attack was personal. The employer was not liable for the assailant’s actions.
Benefits of Hiring a Specialized Attorney
Despite the grim news, Workagegnehu made the informed decision to hire an attorney specializing in workers’ compensation to address the situation and appeal to the denial. As a result of hiring a specialized attorney to represent him during the appeals process, he could file a lawsuit against his employer for assault, battery, emotional duress, and workers’ compensation. The ruling on the assault was caused by a work-related task that sparked the disagreement leading to the injury rather than caused by personal motives.
Thankfully, they awarded Workagegnehu compensation he deserved for the experience he endured – from the assault itself to the stressful process of facing a denied claim while recovering from his injuries. Hiring an experienced workers’ compensation attorney is as easy as contacting the Kenton Koszdin Law Office, Social Security Attorney in Van Nuys. Call us today at 800.438.7734 to schedule your free initial consultation today!