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Resolving Complex Workers’ Compensation Issues

At Jay Gervasi, P.A., we have over 30 years of experience and thoroughly understand workers’ compensation laws. We help clients understand the many concerns that arise in claims and how to resolve these issues. If you have a workers’ compensation claim involving one of the following complex issues, contact our workers’ compensation law firm to ask about speaking with an experienced attorney.

As a general rule, an injured worker should not assume that an employer or insurance adjuster is correct on the grounds stated for denying benefits. The following are only some of the issues in which they are often wrong.

Employee Versus Independent Contractor

Employers sometimes claim that a worker is an independent contractor who is not eligible for workers’ compensation coverage. This is particularly common in the trucking industry. We are often successful in proving that a worker is, in fact, an employee or a qualifying employee of a subcontractor.

Is Substitute Work ‘Suitable’?

Compensation can be suspended when an injured worker refuses “suitable employment.” The question as to whether a job is “suitable,” or even whether the position offered is a real job at all, can be complicated. Disputes also erupt over the circumstances of an injured worker’s termination.

Pay Reduction Upon Return

The “suitability” of a job sometimes turns on whether it pays too little, compared to the pre-injury wage. In those rare cases in which accepting lower paying employment makes sense, compensation based on wage loss can sometimes be much better than compensation based on bodily damage.

Accident Or Occupational Disease

Claims are sometimes denied for lack of an “accident” or qualification of a condition as an occupational disease. Looking more deeply into the circumstances of an injury can result in an award of benefits. Some injuries of particular interest in workers’ compensation are:

  • Back injury
  • Repetitive stress injuries to the wrists (like carpal tunnel syndrome) or other parts of the body
  • Chemical injuries, including occupational asthma and organ damage
  • Asbestos exposure injuries
  • Reflex sympathetic dystrophy (RSD)/complex regional pain syndrome (CRPS)

Contact A Guilford County Work Accident Attorney

If you have a work injury claim involving one of these complex issues, it is important that you consult with an experienced Greensboro workers’ compensation claim lawyer immediately. Contact our workers’ comp law office to ask about a free initial consultation.