Injury at work is never a great thing, more so if you are the victim. If you’re looking for worker’s compensation, one of the things you need to prove is your injury happening at work.
Worker’s comp is your right if you can prove your illness or injury came from work. Even then, many situations make getting the insurance you deserve a long and hard process.
The question stands: how to prove my injury was work related?
In this guide, we’ll talk about how you can make an airtight case for a work-related injury. We’re looking to list everything you will need to get the worker’s compensation you deserve.
Proving my injury was work related is not an easy task. We can, however, do our due diligence to make it happen.
Here’s what you need:
1. Medical Professional Testimonials
The best way in “proving my injury was work-related” is to have a medical professional testify. You can involve one or more medical practitioners who are looking at your care. You want them to not only speak how aggravated your injury is but also how it came from work.
Here’s a good example: repetitive strain injury is the most common injury in the United States. It comes from doing the same action at work over and over again.
Years of overuse of a certain part of your body can lead to either acute or chronic damage to it. Your physician can help provide testimony that the scope of your work led to the injury.
Depending on which state you are, your physician’s specific injury testimonial can make or break your case.
They need to specify that your work is the only possible source of your injury. If you want the best outcome when proving your injury was work-related, here’s what you need. Your doctor needs to provide their expertise in your favor.
2. Eyewitness Testimonies
Much like medical testimony, witness reports are also valuable evidence. If you’re proving “my injury” was work-related, you need verified eye witness testimonies. They should provide a detailed account of what caused your injury.
In witness testimonies, there are a few things that you need to confirm to make your claim airtight. One, they need to be at the scene where or when the injury happened. They need to be able to provide proof that they were there.
In the event of a chronic, aggravated illness or injury, they need to provide a laser-targeted testimonial of:
- the work that’s happening
- your demeanor at work
- how could the accident happen
Like the medical professional testimony, a statement where an injury has “many possible factors” is problematic.
Make sure that different people can corroborate the story. The testimonies need to match with each other and all point to work being the cause of the injury itself.
3. Photo or Video Documentation of Accident
When an accident happens at work, one of the best things you can do is document the aftermath of the injury. If you’re thinking that proving your injury was work-related is easy, it’s not. You need the right documentation to note how everything happened.
When you’re considering taking insurance or worker’s compensation, document it. Take pictures of the scene and your injuries. Make sure to timestamp the photos and add EXIF data exists to show that the photos relate to each other.
If your injury comes from sudden machinery malfunction, ask someone to take photos or video of the malfunctioning machinery. If you can show the cause of the injury and the injury at the same video, that’s much better. This is how you prove your claim for work-related injuries.
For long-term injuries or illnesses, however, a picture or a video of what happens inside can only support your claims. It won’t work as prime evidence.
You would want to create a photo or video diary of the condition’s progression. Couple this with your visits with your medical practitioner and you should get a good case.
Some places of work may also have CCTV footages of what happened. It is under your prerogative to ask for a copy of such footage and keep it as evidence for worker’s insurance claims. This is damning evidence, proving my injury was work related.
4. Equipment Maintenance Records
If I’m proving my injury was work related, one of the things that I can do is to check the maintenance records of the equipment. You should do that as well, considering many injuries come from units that are either:
- too old and deemed unsafe
- have bad maintenance records
Where you can, keep a copy of the maintenance records.
If you can prove the cause of your injury is equipment with bad maintenance, good. This is an act of neglect from the management. This means you can ask for a worker’s comp to help with your situation.
It is your right by law to ask the release safety records of the equipment you’re using. If your management does not provide such records, talk to a qualified injury attorney to help. They can request and subpoena for the records.
5. Formal Incidence Report From Management
If an accident happens at work, another way of proving “my injury” was work-related is to ask for the formal report. Many times, a foreman, supervisor, or manager will prepare an incidence report. You can ask for a copy of such report so you can get proper worker’s compensation.
In many events, you want the report to corroborate what happened. This may be the results of an internal investigation with eye witness reports as well. If that’s the case, you can use this document to prove your injury is from your work.
When such a report, however, does not corroborate what happened, you can forward the complaint to your manager and question the report. You can then use the report as evidence that your employer is trying to cover up what happened.
If the report contrasts with the medical report and eye witness reports at the time, this can improve your chances of getting your claims.
Your Company Might Fight Back
There will be times where your company is not willing to shell out money for worker’s comp. This is a problem where you would need a competent accident attorney to represent you. They will provide some evidence of their own for sure.
Some of these evidence against proving my injury was work related would try to attack your demeanor at work. These include:
- You were in the facility but not working at the time
- You were mischievous and not following safety guidelines
- You are drinking or on drugs during the accident
- Your injury is an existing condition before the accident
- You waited too long
You need to remember that, for any reason, there are ways to defend yourself against such evidence. In such cases, you need to have airtight proof that your injury came from work.
Employers and insurance companies will do their best to discredit your claims. You would need an on the job injuries attorney with experience to handle the case for you. Worker’s compensation lawyers with experience can build a strong case and defend you from bogus claims from your employer.
Key Takeaways In Proving My Injury Was Work Related
In many states, there are a few key takeaways that you need to remember. Proving your injury was work-related is tough, and knowing these can save you time.
Most of the time, state courts consider injuries during lunch break as not work-related. If the injury comes from the local premises like company cafeteria, it is work-related. If you are, however, doing anything else during this time outside of protocol, you’ll be out of luck.
You need to check with your local laws if the worker’s comp covers lunch breaks.
Off-Duty Company Events
Most states tend to consider company sponsored events as “work”, so an injury during such time relates to your work. Some states, however, will note that they don’t expect you to join off-duty company events.
Travel injuries are not possible to consider as work-related. As with any rule, there are exemptions to these. These include:
- Trucking accidents for truckers
- Auto accidents for medical representatives
- Special errands for the company
- On a business trip
- If work needs you to travel, like sales or health workers
Remember to check with your health and safety officer to know the intricacies of these rules further. Cross-reference the rules with an experienced work accident lawyer. See if there are any violations as well.
If there are any cases you think qualify, don’t hesitate to call a lawyer for car accidents.
How To Prove My Injury Was Work Related
If you are looking for “how to prove my injury was work related”, you need airtight evidence. You need testimonials and evidence that can prove that your injury comes from your work. From professional medical opinions to eye witness reports, keep all documentation with you.
You would also need to talk to an accident lawyer who understands your plight.
I am your tough, honest accident lawyer who will make your insurance pay. Whether it’s a personal accident or work-related accident, get the compensation you deserve.
Talk to me now and get your claim. Make them pay. I will be with you every step of the way.