How to prove a workplace injury is new

On Behalf of | Nov 27, 2018 | Uncategorized

It is common to file a workers’ compensation claim after sustaining an injury at work. However, many employers and agencies remain skeptical of claims. Although cases of workers’ comp fraud do occur, they are the exception and not the rule. 

One type of fraud agencies look out for is whether the injured party actually sustained the injury at work or if the injury occurred elsewhere. The belief is that an employee suffered an injury at home or elsewhere and simply staged an accident at work to get her or his employer to pay for the bills. Therefore, it will be up to you and your legal team to prove beyond a shadow of a doubt the accident is genuine.

Witness testimony

Generally, part of the workers’ comp paperwork will require you to list whether anyone else saw the accident take place. This witness can be a coworker or a member of the public who happened to be in the vicinity. In the immediate aftermath of the accident, you or someone else needs to assess who was nearby to witness the injury. These reports will help immensely in proving the accident occurred at work. 

Medical professional testimony

Following an accident of any kind, the employee will need to see a doctor. Workers need to have their injuries evaluated right away so a doctor can create a report detailing the extent of the injury and what most likely caused it. Delaying medical treatment can seriously compromise a claim because the doctor can no longer say with certainty the injury occurred at work. 

Security footage

Many workplaces have security cameras around the premises to catch thieves and vandals. However, these cameras can also be incredibly useful if you have a workers’ comp claim. In the event the camera caught the accident, you can use that as evidence to show how precisely the injury occurred. 

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