How to Prove a Workplace Injury: Evidence and Documentation

Workers' compensation laws protect you from paying the expense of a workplace injury. Your employer carries a workers' comp insurance policy that provides claim settlements for anyone injured or made ill on the job. But like all insurance claims, they want proof.

The stories you've heard about workers' compensation denials, lowball settlements, and undermining insurance doctor reports are not far-fetched. Insurance companies specialize in paying out as little as possible. That's just how they stay in business. So, if you want to get your full rightful settlement after a workplace injury, it's important to put together a thorough stack of evidence and documentation.

We can help. This is a guide on how to document your injury to build a strong case and get your claim approved for the recovery settlement you really need.

File the Injury Report Immediately

As soon as the injury occurs, file the injury report. A good (and/or well-trained) manager will bring you the report as soon as the wound is stabilized. But don't hesitate to say, "I'm ready to fill out the injury report" and request the paperwork. Make sure it is fully and accurately filled out and submitted directly to HR.

Snap a Picture with Your Phone

Take on-the-scene photos, just in case. Snap a picture of your injury with the workplace setting in the background. Then get a good digital scan of the injury report before you turn in the paperwork. These photos are great first-hand proof:

• That the injury exists
• That the injury happened at work
• The photos date
• That you filled out the injury report form at work, on the same day.

Visit the Doctor and Ask for Documentation

Book an immediate doctor's appointment. If you get emergency medical service, ask your EMTs, emergency room staff, or clinic doctor for copies of the medical report regarding your injury and treatment. If you book an appointment with your personal doctor, ask them to put together a file regarding the injury for your personal records and the insurance claim.

Doctors deal with insurance all the time, so they will know how to help you and what information to provide.

Ask Coworkers for Witness Statements

Your coworkers who were present during the injury will be able to prevent your honesty from coming into question. Ask your buddies to write down their own reports of the incident and send you a digital copy. While witnesses might not be necessary, there are enough real workers comp frauds that insurance companies often seek corroborating reports just in case.

Don't Visit an Insurance Doctor

If your company or their insurance provider tries to send you to a specific doctor, don't go. The employer has the right to drug test you if their employment manual has a policy. you have to submit to a second medical exam, but you do not have to treat with a company doctor

Why? Insurance companies sometimes hire doctors to under-report the severity or recovery needs of claimants to lowball the settlement. Only visit your personal doctor or independent medical practices that are not associated with the insurance company.

Get a Full-Scope Recovery Plan and Pricing

Ask your medical provider to help you build your complete, full-scope recovery plan. Ask if you will need long-term care or recovery, if you will be temporarily disabled while you heal, and what costs might be associated.

Map out your injury recovery path and the medical services or supplies you might need. Then calculate the average cost of your recovery plan to inform your workers' comp insurance claim. Get documentation from your medical provider to back your financial claim.

Request Official Records of Missed or Reduced Work

Have you missed work? Will you need to miss more days in the future? Do you need reduced hours or light work? If this impacts your income, then you can add lost income or earning capacity to your workers' compensation claim, but only if it is documented. Request official records of work you have missed, or any reduced work needed for your recovery plan.

File Your Workers' Comp Claim with Strong Evidence

Once you have put together a strong case of evidence and documents regarding your injury, you are ready to file a workers' compensation claim. A personal injury lawyer may be able to help you build your case into a robust claim and defend that claim if the insurance tries to call any of your evidence or medical needs into question.

Schwartz Law Firm is ready to provide you with legal support in gathering evidence and seeing your claim through to a successful settlement. Contact us today to consult on your workplace injury case.