What Kind of Proof Helps in a Workers' Compensation Case?

 Posted on August 18, 2022 in Workers' Compensation

Evidence is everything in a Workers’ Compensation claim. In order to prove your case, you will need to show not only that your injury is genuine, but that it is work-related and prevents you from performing your job duties. One way that some employers will try to wriggle out of paying Workers’ Compensation is by arguing that an employee’s injury could have happened elsewhere or been caused by something other than your work. Gathering the right evidence, and quickly, can make or break a Workers’ Compensation case. It is important to speak with an attorney as soon as possible after getting hurt on the job so that they can advise you on what type of proof to gather, both right away, and while you are away from work recovering. 

Types of Evidence You May Need for Workers’ Compensation

The path to getting compensation for a routine work injury is meant to be a bit more streamlined than the path to getting compensation for say, a car accident or a slip-and-fall. However, this is not always the case. Some employers are quite cooperative and will readily help an injured worker recover these payments. Others will fight back and try anything to get out of paying. 

Whether you think your employer will be fairly cooperative or more inclined to resist, you should gather proof like: 

• Witness statements - If any of your coworkers - or even a passerby - saw the accident that left you injured, they should be asked to provide a statement promptly. However, witness statements can still be challenged by an employer, who could claim that your coworkers are lying to help you, or to strike back at the company. 
• Security camera footage - Quite a few workplaces, even smaller ones now, have security cameras that may have captured the accident or its aftermath. Many security cameras do not keep footage for long - some as short as 24 hours - so it is important to act quickly to save any footage that might exist. 
• Diagnostic imaging - You will want both copies of any diagnostic imaging tests and evidence of your doctor’s impression. Having the original copies is important because doctors can disagree on what an imaging test actually shows.
• Physical therapy notes - Physical therapy is an important part of recovery - and it can go a long way towards proving what you physically can and cannot do. 

You may need quite a lot of evidence from different sources, but these four bits of proof can go a long way. 

Call a Santa Clara County Workers’ Compensation Lawyer

Cramer + Martinez is skilled at helping those who have been injured at work collect the proof they need to prove their claim. Our experienced Gilroy Workers’ Compensation attorneys can begin helping you build evidence as soon as we hear from you. Call 408-848-1113 for a free consultation. 

Source:

https://www.dir.ca.gov/injuredworkerguidebook/injuredworkerguidebook.html