I Filed a Workers’ Comp Claim in Chicago, but They Say It’s a Sports Injury: What Can I Do?
If you’re like many healthy Chicago residents, you might play sports during your time off. Perhaps you play basketball at your local court. Maybe you play tennis with work colleagues. Perhaps you’re a runner. Whatever the case may be, these active pastimes can be sources of frustration when they lead to denied workers’ comp claims in Chicago. What can you do in this situation?
Can Sports Lead to Denied Workers’ Compensation Claims?
Your background in sports could definitely cause issues with your workers’ comp claim in Chicago. Like all insurance companies, the workers’ comp insurer will likely investigate your claim. If your claim is worth a lot of money, they may investigate your claim with a close degree of scrutiny while searching for any possible reason for a denial.
The logic is as follows: If your injury occurred on the basketball court or sports field, it is not work-related. As a result, it is not compensable under the workers’ comp system. If your sports injury occurred before your workplace accident, the insurer might also argue that your injury was pre-existing. This is an especially common issue if both the sports injury and the workplace injury affected similar areas of the body.
How Can I Prove That My Injury Was Not Caused by Sports?
If your claim was denied because the insurer claims it’s a sports injury, you need to gather as much evidence as possible to prove your injury was actually work-related. The most appropriate evidence depends on your unique situation, but doctors’ notes and medical records are usually important. For example, your family doctor might tell the insurance company that your specific type of injury is consistent with repetitive strain, not sports impacts.
A medical expert on sports injuries could also be useful in this situation. It may be beneficial to choose an expert on the specific sport you play. For example, you might play soccer during your free time. You could contact an expert on soccer injuries and ask them to provide their opinion. This expert might tell the insurer (and potentially the court) that your type of injury is something rarely seen on the soccer field.
Other useful evidence might focus on your workplace accident. For example, your co-worker might have seen you sprain your ankle while moving a crate. Perhaps your accident was captured by a surveillance camera. This could be more challenging if your injury is associated with repetitive strain rather than physical trauma.
Can a Workers’ Comp Lawyer in Chicago Help With a Denied Claim?
If you’re dealing with a denied claim because of your athletic pursuits or any other reason, consider speaking with an experienced Chicago workers’ compensation lawyer. These legal professionals may be able to help you push back against your denied claim and prove your injury is work-related. For more information, contact Conolly Injury Law today.
Sources:
niams.nih.gov/health-topics/sports-injuries
my.clevelandclinic.org/health/diseases/22093-sports-injuries
