In the case of a claim for workers’ compensation, injured employees are not required to prove the fault or negligence of their employer compared to in a civil case for personal injury. However, an injured worker or a worker who has become sick as a result of their job will still need to provide proof of multiple factors before they will be eligible for workers’ comp. For example, they must demonstrate that they were employed by the company at the time of the injury, were injured while on the job, and that their employer was notified within the necessary time period. Documentation is key to ensuring that all of these are proven, and an employee who carefully documents each step of the process will often be more likely to have their claim approved.
The main advice you will get at the start from an Allentown workers’ compensation law firm is to gather as much evidence as you can to support your claim. Medical records dating from before to following the injury are usually the most crucial pieces of evidence to have when supporting your claim, since they can demonstrate how you were injured and your assessment and treatment by a healthcare professional. In addition, you may need to get an independent medical exam, which will typically be performed if your medical condition is disputed or if the insurance company requests another opinion before going forward. Finally, any accident reports made by your employer or law enforcement at the time can be helpful evidence to provide.
Proving Your Employment
You may also need to gather evidence to support that you were an employee of the employer at the time, rather than working for them independently as a contractor or freelancer. You can do this by providing any documents related to your employment records that will help to establish that you were an employee of the company and working for them at the time that the accident that led to the injury occurred.
Fully Documenting Your Claim
Providing full documentation for you workers’ compensation claim will take time and effort but is certainly worth it to increase your chance of being awarded benefits. Gather as many relevant documents as possible when it comes to your injury to make it simple for you to make your case that you are eligible for workers’ comp benefits. Start documenting as early as possible and document regularly to ensure that you make accurate records and reduce the risk of critical evidence being lost.
Get a written copy of everything, especially when you are using witness statements as evidence. For example, when you are offering proof that your accident occurred when you were in the course of a normal working day, written statements from co-workers to state that they saw the accident happen and when it happened can be helpful. Keep copies of all the documents for your personal records and label them carefully to avoid misplacement.
The more documentation you have when claiming workers’ compensation benefits, the bigger your chance of being awarded the compensation you need.