Workers’ compensation is a type of insurance employers provide to cover medical expenses and lost wages if an employee is injured in an accident while on the job. As with other insurance claims, the insurance carrier can investigate the accident.
Workers’ comp cases get denied because the insurance company doesn’t believe the injury happened at work. They may even argue it is not as serious as you claim.
However, with strong evidence and the support of a skilled workers’ comp lawyer, you can build a case that cannot be disputed. The Barrera Law Group, LLC, has strongly advocated for many clients who need a representative to take on the insurance company. We understand the tactics those companies deploy and what is needed to overcome them.
Let’s look at the types of evidence a workers’ comp lawyer uses to build a strong case and get the compensation you need.
Medical Records
Medical records are one of the most powerful pieces of evidence in a workers’ comp case. They show what caused the injury, how severe it is, and what kind of treatment you need for your work injuries.
According to the National Council on Compensation Insurance, workers’ compensation paid $42.5 billion for claims in 2023. But that doesn’t mean you will get a settlement.
Therefore, the initial doctor’s visit is vital to your case. The sooner you see a doctor after the accident, the stronger your case. A delay can make the insurance company question whether the injury really happened at work. When you get checked out right away, that can clear up any doubt.
Also, your doctor’s reports should clearly state how your injury is related to your job and whether you need time off or work restrictions. Another important part of the case is your treatment records. These show that your injury is serious enough to require continued medical care, possibly in the form of physical or occupational therapy. That can help justify your claim for benefits.
If you see a specialist, such as an orthopedic surgeon or neurologist, their opinion can add weight to your case, especially if your employer tries to downplay your injury.
Accident Reports
After an injury, you must report it to your employer and complete an accident report. This is your first official record of what happened. This prevents the insurance company from arguing that the injury did not occur on the job.
With that, you want to be as detailed as possible, including the incident’s date, time, and location, what you were doing, and any witnesses present. Once the report is made, keep a copy. Your lawyer will need one to show that the injury occurred on the job.
Witness Statements
If any of your coworkers saw what happened, their statements can be valuable to your legal team. Insurance companies are likelier to believe an injury occurred when multiple people backed up your story.
Witness statements can even help your lawyer confirm your job duties if your injury developed over time, like repetitive stress injuries.
If there are no witnesses, tell someone immediately. Even if no one saw your accident, telling a coworker or supervisor immediately helps establish that something happened.
Photographic and Video Evidence
Visual evidence can be persuasive in a workers’ comp case. Hopefully, you have photos of your injuries, or the accident scene. This can show that the incident occurred while you were doing your job.
You may even want to check for security footage. Many workplaces have cameras, and this footage could serve as undeniable proof of how you were injured. If your employer has video evidence, request a copy before it gets erased.
Employment Records
Sometimes, insurance companies argue that an injury didn’t happen on the job or that your duties couldn’t have caused it. Your employment records can help counter this argument by showing your job description. If your duties involve heavy lifting, repetitive motions, or hazardous conditions, this helps support your claim.
Your work schedule could be an important piece of evidence. It can prove you were on the clock when the injury occurred and eliminates doubts about whether it was work-related.
Sometimes, even past injury reports can strengthen your claim. If you’ve reported similar hazards, this could show a pattern of workplace dangers your employer failed to fix.
Your Personal Journal
A personal injury journal is not an official document but can still be powerful evidence. You will want to keep notes as soon as possible. This can give daily documentation of the following:
- Pain levels
- Limitations
- Medical appointments and treatments
Expert Testimony
Sometimes, a medical opinion is not enough. If your case is complicated, an expert witness can help to explain:
- How your job duties caused your injury
- Why you cannot return to work
- The long-term impact of your injury on your ability to earn a living
These professionals can provide written statements or testify if your case goes to a hearing.
Build a Rock-Solid Case
A strong workers’ comp claim is more than just about saying you were injured. You have to prove it. The more evidence you have, the harder it is for an insurance company to deny or minimize your claim.
If you’re in the middle of a workers’ comp case, gather evidence immediately. Start documenting everything because that will help your workers’ comp lawyer.
If you need help with any stage of your workers’ comp claim, Barrera Law Group, LLC is ready to help.