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What happens in an extent-of-injury case in Texas?

On Behalf of | Feb 14, 2023 | Workers' Compensation |

Workers that get hurt on the job can typically count on their employers either for direct compensation or workers’ compensation insurance coverage. Unfortunately, not every business in Texas will eagerly support a worker with a significant injury. Instead, they may fight to deny that worker benefits or minimize how much they pay on the claim.

Disputed workers’ compensation cases could potentially end up in court, and they can often come down to a detailed analysis of the effects the worker has experienced from the injury. If the worker has extensive, lingering symptoms from their injury, then they need more benefits than what the insurance company or their employer wants to provide.

That worker may need to prove how the injury continues to impact their life. What happens in an extent-of-injury case?

You have to demonstrate the effects of your condition

Someone who now has a limp after a workplace injury could potentially get benefits not just for the effects on their leg but also for how the limping affects the rest of their body. A limb injury could cause damage to the spine that causes additional damage.

The worker’s claim may have to establish the damage to the limb itself as well as the injury to the back. The medical evidence for each aspect of the injury will be necessary, and the doctor overseeing the patient’s care will often need to provide an in-depth evaluation of how the condition affects the worker and how long those symptoms will persist.

For permanent symptoms, discussions can focus both on the impact of those symptoms and on how closely they relate to someone’s work-related injury.

Proving your extent-of-injury case is key to getting benefits

Although some workers will quickly receive the coverage they require, others have an unexpected hurdle to clear when they apply for benefits. Your lawyer will play a very important role in helping you develop your extent-of-injury claim.

They can help you gather the appropriate evidence for your claim and argue your perspective in court. Attempting to negotiate a complicated workers’ compensation claim without adequate support could lead to a reduction in your benefits or even a denial of benefits. Bringing in the right help can make all the difference in a complex workers’ compensation claim involving a persistent injury that may have affected other parts of your body.

 

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