Dawkins & Gowens Law Firm

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What does age have to do with workers' compensation claims?

Many people in Oklahoma and all across the country are choosing to work well into their retirement years. This may be out of want or financial need. Studies are showing, though, that older workers are filing more workers' compensation claims than ever before. What does age have to do with it?

The simple truth of the matter is, age affects injuries. With age, people experience health issue that may contribute to work-related injuries. For example, older workers may experience muscle loss, range of motion issues, arthritis and decrease in strength. All of these orthopedic problems could contribute to injuries that may occur while lifting, pushing, pulling, squatting and various other repetitive motions one may perform every day while at work. 

The question, then, becomes: If a person suffers an injury in the workplace due in part to a pre-existing condition, will workers' compensation benefits cover it? The answer here is not very clear. Yes, a work comp claim may be filed and coverage may be approved, but one's losses may not be fully covered. Every case will be different. 

Oklahoma residents who suffer injuries while on the job -- that can be contributed to their age and current health statuses -- may need help fighting for fair and full compensation. An experienced workers' compensation attorney may be able to help with that. A case may be made to appeal any denied claims that could result in one receiving the max insurance benefit, and, if applicable, any third-party claims can be pursued in civil court in an effort to seek further relief. 

Source: propertycasualty360.com, "With age comes wisdom...and larger workers' comp claims", Scott Berglund, Esq. and Jose Pagan, Esq., April 10, 2018

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1601 NW Expressway, Suite 1210
Oklahoma City, OK 73118

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