If you are injured on the job, it may be obvious to you that your employer should be responsible for your injuries. Unfortunately, the burden relies on you to prove that your injuries are job-related, and your employer may go to extreme lengths to deny your claim or minimize their liability. This makes it critical that you start gathering evidence and documentation following a workplace accident, as this will be essential in helping prove your worker's compensation case. You will need to compile evidence that establishes both the occurrence of the injury and the connection to your work environment. To help give you the best chance of proving your worker's comp claim, here is a look at the most critical pieces of evidence you should gather.
Accident Reports
As soon as possible after sustaining your injury, it is essential that you report the accident to your employer. Your employer will then help you file an official accident report, allowing you to provide extensive details about the accident while it is still fresh in your mind. Make sure that you get a copy of this report, as it can help prove that you notified your employer of the accident and help connect your injuries to your workplace.
Time Cards
Another crucial piece of evidence you can collect from your employer is employment records such as pay stubs and time cards. These records can be essential in establishing that you were an employee on duty at the time that your accident took place. Your pay stubs can also be essential in determining how much compensation you may be owed if you missed work as a result of your injuries.
Witness Statements
If you were injured in a workplace accident, ideally there will be witnesses who can provide an account of what happened. Make sure that you collect testimony from these witnesses, as their accounts can be crucial in supporting your claim. Witness statements can help prove that you were involved in an accident while performing your duties and that the accident caused the injuries in question.
Security Footage
Another critical form of evidence for worker's compensation claims can be footage from surveillance cameras. If any cameras on site were able to capture the accident, request of copy of the footage. This footage can be essential in showing not only the severity of the accident, but it can also help shed light on the environment where the incident occurred, highlighting any unsafe conditions, lack of protective equipment, or other evidence that safety standards may have been compromised, leading to your injuries.
Medical Records
Medical records from the doctor treating you for your injuries can also be essential evidence for your claim. These records should detail the nature and severity of your injuries, treatments administered, tests conducted, and a clear timeline of how long it will take you to recover. This documentation can be essential in proving the severity of your injuries and it can help determine your final compensation. You should also gather old medical records documenting your health before the accident in case your work tries to claim that your injuries were the result of a pre-existing medical condition.
Other Evidence
Having as much evidence as possible supporting your claim can go a long way in proving your case and ensuring you get the compensation you deserve for your injuries. Additional evidence you can gather to support your claim includes:
- Photographs of your injuries and the scene of the accident. Try to capture these photos as soon as possible after the accident.
- Maintenance reports of equipment related to the accident. This can be essential if outdated, improperly maintained, or faulty equipment led to your injuries.
- Doctor testimony explaining the link between your work and your injuries. Doctors can play a crucial role in worker's comp claims by explaining the severity of an injury, how it was sustained, and how it is related to your line of work.
Of course, it can be overwhelming trying to collect evidence following a workplace injury, and you may not be sure where to start. This is where it can be helpful to partner with an experienced worker's compensation attorney. An experienced attorney will know what evidence you need to build a strong case, and they can work to collect this evidence on your behalf, allowing you to focus on healing and getting better.
If you or a loved one was recently injured in a workplace accident, it is essential that you consult an experienced worker's compensation attorney as soon as possible to ensure that you have the best chances of securing compensation for your injuries.
Feel free to contact us today to schedule a consultation to see if we may be able to help you secure compensation for your injuries.
