- December 3, 2023
- Posted by: legaleseblogger
- Category: Related News
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**AI Legalese Decoder: How it Can Help with Your Workers Compensation Denial Situation**
**I. Introduction**
Hello, I am writing from Washington State where I sustained an injury while at work. My employer, who is self-insured under ComCare, has denied my workers’ compensation claim. I am seeking advice on the situation and wondering if it would be feasible to prove negligence in this case.
**II. Details of the Incident and Circumstances Surrounding It**
After informing my immediate manager about my injury (whiplash) sustained in a company vehicle, he instructed me to continue working and denied me the opportunity to seek medical advice. Ultimately, I sought medical attention the following day, and the attending doctor completed the necessary workers’ compensation paperwork. Additionally, the driver of the vehicle, in which I was a passenger, has a history of erratic driving and prior accidents in company vehicles. Despite this, the company permitted him to continue driving.
**III. History of the Driver’s Reckless Behavior**
The driver has previously been involved in an accident in a company vehicle that resulted in charges of reckless driving and grievous bodily harm. This incident caused a passenger in the other vehicle to undergo surgery and spend a week in the hospital. Furthermore, there are reports from a third party that the driver has a habit of falling asleep while driving, even on short trips.
**IV. Seeking Legal Advice and Assistance with AI Legalese Decoder**
Given these circumstances, I am querying whether it would be possible for a lawyer to establish negligence in this case. My current legal representation has expressed doubts about the feasibility of proving negligence. However, I am unsure about their reasoning and would appreciate further guidance on this matter.
**V. AI Legalese Decoder’s Role in Analyzing Legal Documents**
The AI Legalese Decoder can be instrumental in assessing your case and legal documents to highlight any potentially overlooked aspects that could strengthen your claim for workers’ compensation. Its advanced algorithms can sift through complex legal jargon, bringing clarity to legal documents and providing insights into the viability of proving negligence in your situation. By utilizing AI Legalese Decoder, you can gain a deeper understanding of the legal aspects of your case and potentially identify additional factors that could support your claim for compensation.
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****** just grabbed a
I canÔÇÖt see your reasoning for it.
Also, you have a lawyer. Listen to their advice.
Sorry, just to confirm because it isn’t quite clear – were you in an accident whilst in a work car?
Assuming you were on a trip during work hours, so not commuting from home to work?
If having to drive, or be driven between jobs is part of the role, 100% this is a work related injury, regardless of negligence or not on the part of your employer. They legally cannot prevent you from seeking medical attention, and it is up to you if you want to submit a workers compensation claim. To will need your first medical certificate, and you should be able to find a claim form online for WA fairly easily. It should come with forget info on your rights under Workcover.
you were injurened at work and while on the job. End of story. Lodge the paper work a make the claim the company is just trying to bully you out of your rights.
If you can prove that you were exposed to additional risk which they should have protected you from you may have cause for a seperate action.
I worked 20 years as a Risk Management consultant specializing in Workers’ Compensation. You have a legitimate claim. Proving negligence of a danger the company knew, or ought to have known will be difficult, but not impossible – fortunately it’s completely unnecessary.
The Act is designed to compensate you for injury from almost any cause other than fraud – Common Law covers negligence.
If your lawyer is telling you you’ll never get a Workers’ Compensation claim up, get another lawyer.
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Negligence is a common law claim where you have to prove your employer knowingly and recklessly breached their duty of care to provide a safe system of work. I cannot see any employer knowing for a fact (or even reasonably foreseeable which is the test for negligence) a car accident was about to happen.
But you didnÔÇÖt even mention your injuries so itÔÇÖs not clear when what you want to sue for
Does the other driver have a driverÔÇÖs licence? If so then they are legal to drive. It would be very (VERY!) murky waters for an employer to decide to over ride the government issuing of licences.
If you knowingly got into a car with a driver who was not licenced then you will struggle to prove no fault on your part.
If staff had concerns about the driver falling asleep during drives did the put those to management? If thereÔÇÖs a paper trail of that then yes, there should be some actions taken (not relevant to you, but relevant in court possibly).
You donÔÇÖt specify the timing of the freeway accident vs your own, if the freeway accident was after your own then it plays no part in your own claim. If it was before then you could have some argument about the employer being negligent to let an unlicensed driver in their vehicles, however thatÔÇÖs not cut and dried either.
FinallyÔǪ ComCare investigators will handle this. If your lawyer is advising you that thereÔÇÖs not much chanceÔǪ then you could seek a second opinion from a car crash/workers compensation ÔÇÿambulance chaserÔÇÖ type of lawyer ÔÇ£no win no fee typeÔÇØ and see what they say. The specifics here matter and itÔÇÖs possible you donÔÇÖt have much recourse beyond medical costs.
What exactly are you hoping for?