If there were no witnesses to your workplace accident, you should notify your employer, seek medical help, request a copy of any video footage, and speak with an attorney ASAP.
Most workplace injuries happen in the presence of witnesses. However, what happens if you sustain a workplace injury and there are no witnesses? Can you still proceed to file a work injury claim? Can the insurance company use the lack of witnesses to dismiss your claim?
Even if no witnesses were present when you got injured, there are steps you can take to support your claim. These steps will also be helpful if there are witnesses who are not willing to testify or someone makes an inaccurate statement.
Step 1: Notify Your Manager ASAP and Make Copies of the Notice
If you want your injury claim to succeed, ensure you notify your manager as soon as you can and do it in writing. We recommend you report the case within 48 hours. Informing your employer of your injuries after the required timeline will weaken your claim and can be used as a factor to dismiss your case. Make sure you make copies of the notice.
In the notification form, write down your name, physical address, place of injury, and the nature of your injuries. You should issue a detailed and chronological order of the events leading to your injuries. Remember that the notice you send your employer will be your strongest alibi, so make sure it’s thorough and constructs an accurate timeline for the accident in question.
Also, don’t admit fault. Yes, Missouri workers’ comp is a no-fault system, but that won’t stop your employer or their insurance company from attempting to use an at-fault defense in an attempt to devalue your claim.
Step 2: Seek Medical Help
After a workplace injury, seek medical care right away. Failing to do so can make it difficult to prove that your injuries happened on the job. When talking to your doctor, be honest and give step-by-step detail on how you suffered the injury. Avoid exaggerations or saying things that may mislead the doctor. This will allow them to give you a proper diagnosis and set you up with the necessary treatment. The workers’ compensation medical evaluation will also back up your work injury claim and help you have a strong case.
Step 3: Get a Copy of Any Video Footage
These days, security cameras are everywhere, and there’s a high chance there’s a camera at the scene of your accident. If your accident was captured on camera, be sure to request a copy of the recording. Make sure your request is in writing.
Step 4: Speak With an Experienced Work Injury Attorney ASAP
Seek the assistance of an experienced St. Louis workers’ compensation attorney. Apart from helping you file your claim, the attorney will use their skills and expertise to help you build a strong case. Where possible, the attorney can help you get access to evidence such as video footage.
They’ll also help you understand the full amount of benefits you are legally entitled to and can help you pursue them.
Speak With an Experienced Work Injury Lawyer 24/7
We have been fighting to protect the rights of injured Missouri workers in and around the St. Louis area for over 25 years and have collected over $50 Million on behalf of injury victims. Give us a call 24/7 for a FREE case evaluation to learn more about protecting your rights after a workplace injury.
Speak With a Workers Comp Attorney
Give us a call 24/7 for a FREE Case EvaluationCall (314) 361-4300