evidence

Unlike personal injury claims, workers’ compensation cases generally have nothing to do with fault. However, it is important to document your claim right from the start.

Most employees are entitled to receive workers’ compensation benefits if they get injured at work. Of course, there are a few exceptions, but this system is designed and meant to protect workers and give them the peace of mind that if something happens, they are safe. 

Unlike personal injury claims, workers’ compensation cases generally have nothing to do with fault. However, it is important to document your claim right from the start.

What Documents You Need for Your Workers Compensation Claim

When you file a claim for workers’ compensation, you don’t need to prove that your employer was negligent or at fault for your injuries. You need to provide the documents that show you’ve been hurt while performing your work duties. These might include: 

• Medical Records: To benefit from workers’ compensation, you need to prove a strong connection between your work duties and your injuries or sickness. Your medical records can help establish this link and show the severity and progression of your injury or condition. 

• Medical Bills: Your medical bills will show how much you’ve spent on treatment so far and how much you should get back through your worker’s compensation claim.

• The Accident Report: It’s essential to file an accident report and notify your employer about your injury as soon as possible. This document will play an essential role in the timeline of your claim.

• Employment Records: Employment records, such as the pay stubs, show your wage and can help determine the value of your worker’s comp benefits. 

“Do I Need Witnesses?”

In most cases, the documents mentioned above should be enough to file your claim successfully. If, however, you are unable to reach a resolution with the insurance company, then you may need to bring additional proof to support your case. 

Some of the witnesses that can help your case are: 

• Co-workers: If a colleague was present when the accident occurred, their statement could weigh considerably against the insurance company’s denial. 

• Medical Experts: Your attorney can hire an independent doctor to evaluate and diagnose you and give their expert opinion on the extent of your injuries and the treatment they require. 

• Occupational Experts: If your injury has affected your ability to work, then you may need the help of a vocational rehabilitation expert to prove how your condition may limit your ability to perform certain work duties. 

What to Do If You’ve Been Injured at Work

If you’ve been injured while performing your job, you have the right to get full and fair compensation. However, navigating the workers’ compensation process can be stressful and difficult. With the help of an experienced St. Louis work injury lawyer, you can ensure your rights are protected.

Video footage is an incredibly powerful form of evidence. You want to have it on your side.

Anyone who has ever been injured at work hopes their workers’ compensation claim goes smoothly. Unfortunately, things don’t always go so well. Your employer and their insurance company could try to fight you on your claim, in which case you will need to fight back. One of the tools that both parties may have at their disposal is video surveillance.

How Cases Can Go Wrong

The worst case scenario in your workers’ compensation case is that your employer denies your claim because they do not believe your injury is legitimate. When this happens, it has the potential to turn the workers’ compensation process into a nightmare. You may have to appeal the decision, go to court, and fight whatever evidence they have against you.

The Importance of Evidence

The primary factor in deciding how much compensation you will receive is evidence. That means medical bills, doctor assessments, witness testimonies, and more. Hard proof is the backbone of your case, and the same goes for your employer if they choose to fight you. Whoever has the more compelling evidence will likely win the case.

Using Surveillance For Your Case

Sometimes, surveillance footage can be used in your favor. A typical example of this is using company security footage that captured your accident. If your company tries to claim that you did not experience your injury at work, a video of you doing just that will be a great tool to fight against them.

Having it Used Against You

Surveillance can also be used against you. First, that same company footage can be used to prove that your recounting of the injury is not accurate. If this is the case, it will likely damage your case. Additionally, insurance companies will sometimes hire private investigators to take video of you in your daily life. If you claim to not be able to walk and are caught on video playing basketball, your case will obviously suffer.

How to Protect Yourself

To protect yourself, make sure that you are sincere  & honest throughout your workers’ compensation claim process. If you are, any video footage obtained will reflect your testimony and not damage your case.

Video footage is an incredibly powerful form of evidence. You want to have it on your side, but you might find that in your workers’ compensation case, it is instead used against you. An experienced workers comp attorney can help you obtain video evidence to help prove your case. Doing so will significantly increase your odds of success and could be a decision that pays dividends for years to come.

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There are a number of documents that you should begin collecting from the moment you are injured on the job.

When you have a relatively dangerous job, you always know in the back of your mind that you might be the victim of a workplace injury. Still, you never think about it happening to you. Then, one day, it does. If you are ever injured at work, your first action should be to obtain necessary medical attention. For a severe injury, that might be a trip to the hospital. For minor injuries, that could instead be simple first aid. If it has not already been reported to your employer or supervisor, it is important that you report your injury. From there, you can start to compile all of the documents you will need for your claim.

Notice of Injury

As we mentioned, once you get proper medical assistance, your next step is reporting your accident to your employer. This does not mean you can just casually mention it and get on with your day, though. Missouri law requires employees to fill out a written statement detailing the date, time, nature of the injury, and more. To do this correctly, you need to report the injury as soon as possible and describe your injuries accurately. When you submit this document, make sure you get a copy for yourself.

Initial Medical Assessment

After reporting your injury, your next step is obtaining an initial medical assessment. Because of the nature of Missouri law, this will be done by a doctor that your employer chooses. When you’re at the doctor, give an honest analysis of your injuries. Both exaggerating and downplaying an injury are both bad for your case, so it is best to be completely open and truthful. After talking with you and doing some tests, the doctor will report on your health. You should obtain a copy of this report.

Additional Medical Records

Your injury might send you to the doctor multiple times for further treatment and tests. If it does, be sure to get a copy of every relevant document and bill.

Proof of Lost Wages

Part of your compensation package could be payment for the time you missed work. These are called “lost wages,” and they should be compiled into one document. The way to put this together is usually straightforward. To make sure you get the calculation right, we recommend speaking with an experienced lawyer.

Additional Evidence

Some additional evidence may be worth compiling into a document. Examples of this are witness testimonies and photos of the scene of the accident. Hopefully, your claim will go through smoothly, but sometimes it does not. If that is the case, you will want to have your additional evidence prepared.

Sustaining an injury at work is a stressful experience, but you should work hard to keep your composure throughout the post-injury process. To make sure the entire case goes smoothly, it is best to consult with a St. Louis workers comp attorney. They will make sure you have all the needed documents and will help you out in a variety of others ways. These documents will help strengthen your initial claim and, if denied, will be useful in an appeal.

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