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Should car accident victim receive workers' compensation?

Workers who are injured on the job are generally eligible to receive workers' compensation benefits in Texas. However, this can be a frustrating process for injured workers who have their claims for these benefits denied. It may be clear to you that an injury or illness was suffered while working, but insurance companies may not see it the same way.

In some instances, workers need to defend their claims for benefits because an insurance company has denied or delayed an initial claim. With the help of an attorney, workers can be successful in proving that their injury or illness happened during the course of their employment. One woman was able to prove this point recently after her claim for workers' compensation was initially denied.

According to reports, the woman was seriously injured when she was in a car accident while leaving her job at a casino. As she was pulling out of the parking lot, her vehicle was struck by another vehicle. She filed for workers' compensation, but her employer argued that they should not be held responsible for the accident or for covering the cost of her injuries. The casino stated that the woman had left the parking lot when her vehicle was hit. 

However, footage from a security camera proved to be essential in supporting the woman's claim. The video showed that while the front of the woman's car was, in fact, out of the parking lot, the back 12 inches of her vehicle was not. A state Division of Workers' Compensation judge and an appellate panel all agreed that because the back of her car was still on casino property, the woman was still considered to be on the job and therefore, eligible to receive benefits. 

There are a number of complexities when it comes to workers' compensation claims. And it is not uncommon for insurance companies to try and deny a claim or delay benefits based on these details. Many Texas workers may not be familiar with workers' compensation laws and will just assume they do not have a case, but that is when an attorney who is competent in this area can be helpful. Rather than take on these parties alone, a person can work with a lawyer to defend their claims and fight to receive the benefits they deserve.

Source: USA Today, "Casino dealer wins workers' comp fight by a foot," Jim Walsh, Jan. 22, 2014

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