In most cases, serious workplace injuries have multiple witnesses. However, there are times when an injury may occur and there are no witnesses.
What if there were no direct eyewitnesses to your work injury? Can you still get workers’ comp? Here is what to do if you find yourself in this situation.
Witnesses Aren’t The Only Evidence Necessary For a Workers’ Comp Claim
When filing a workers’ compensation claim, the injured person must prove that their injury occurred at work using a “preponderance of evidence.” Witness testimony, while important, is only part of this. If there are no witnesses, but the evidence at the workplace corroborates your story, you can still file a successful worker’s compensation claim.
For example, if you’re a contractor working alone on the second floor of a house and you accidentally cut your hand with a table saw while cutting a 2×4, there will likely be blood near and on the saw, you will report your injury to your supervisor, and you’ll go see a doctor – who will treat you and note the condition of your hand, and what caused the incident.
This type of documentation is often enough to prove that you suffered a workplace injury, even if there were no direct witnesses to your claim.
Important Steps To Take If You Suffer a Workplace Injury With No Witnesses
If you are ever injured on the job and there are no direct eyewitnesses, there are a few steps you can take to ensure that you have the best chance of being approved for workers’ compensation.
- Report the injury immediately – You need to immediately report your injury to your direct supervisor. Injury reports are very important documents in workers’ comp cases. If you don’t file a report immediately after an injury, your case will almost always be denied.
- Be as detailed as possible when describing the accident – Be honest about the circumstances, what led to the accident, and how it happened, as well as the time and place. This can help corroborate evidence from the site of the injury and build your case.
- Get help from a doctor and be honest about your injuries – Don’t exaggerate your injuries – and don’t downplay them, either. The information given to your doctor will be part of your workers’ comp case, so if you exaggerate or mislead your doctor, this could be used to deny your compensation.
Speak With a St. Louis Work Injury Attorney To Get The Help You Need
Successfully getting workers’ compensation benefits can be more difficult if there were no eyewitnesses. However, if you take the steps outlined above and work with an experienced St. Louis workers’ compensation lawyer, you can successfully file your claim and get the compensation you are legally entitled to.
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