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Evidence to Prove an Injury is Work-Related

worker in warehouse about to tripWhen an employee gets hurt on the job, it is up to him or her to provide evidence showing the injury is work-related. Sometimes it is relatively easy to do this, particularly when there are witnesses who can give their account of what happened. However, there are many other forms of evidence you can use to help substantiate a workplace injury.

It is good to know about these forms of evidence before an injury occurs, so you know how to preserve these forms of evidence if you ever get hurt at work. Below, Berry, Smith & Bartell’s workers’ compensation attorneys review the forms of evidence that can be used to strengthen work injury claims and possibly help you secure the benefits you deserve.

If you suffer from a work-related injury or illness, request a free, no obligation consultation with our Bakersfield workers’ compensation lawyers today and learn more about your legal rights.

Personal Account

Your personal account of the incident is one of the main pieces of evidence of what happened. When you can back up your personal account with statements from witnesses and other physical evidence, it becomes that much stronger.

In your personal account, write down exactly what took place leading up to, during and following your accident. You should include all relevant information, which may include:

  • The equipment you worked with
  • The incident that caused your injury
  • Accounts of coworker misconduct that contributed to your accident
  • The pain you felt when the injury occurred
  • What you were attempting to do and how this relates to your job

Witness Accounts

If there were witnesses to your workplace accident, their accounts can also be used as evidence in your workers’ compensation claim. Identify who was present when the accident took place, such as coworkers or other parties, and write down what they tell you about what they saw.

Ask for as much detail as they can provide and make sure to ask for clarification if you are uncertain about anything they say. The more detail you can get the better.  

Preserving Damaged Equipment

Defective equipment is a common factor in many workplace accidents. Damage, errors and other factors can lead to injuries while using a piece of equipment in the workplace. It is important to preserve any machinery, equipment or safety systems that were in play when your accident happened.

One of the benefits of having a workers’ compensation attorney is that he or she can help ensure equipment is not tampered with following your accident so that it may be used as evidence in your workers’ compensation claim.

Pictures and Video Footage

Many workplaces are equipped with security cameras that may have caught the accident on tape. Request a copy of the footage. Often, security footage is only kept for a short amount of time, so be sure to request it as soon as possible to prevent it from being lost or erased.

Photos are also important evidence in workers’ compensation claims. Take photos of the following:

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  • The accident scene
  • Your injuries
  • Any equipment involved
  • Damage to your clothes

Medical Evidence

After a workplace accident, it is important that you seek medical treatment right away. Be sure to tell the treating medical staff that you were involved in an accident at work and explain how it happened.

Your doctor’s notes in your medical records can have a huge impact on your case. These notes establish a verifiable diagnosis and link it to an incident or conditions at work.

Keep records of all medical treatments required for your workplace injury. Note the treatment dates and duration of your treatment. Keep track of any prescriptions or over the counter medications your doctor directed you to take as well as their purpose.

Get Help from Our Trusted Legal Team

If you were injured in a work-related accident or are suffering from a work-related illness, our workers’ compensation attorneys can help you pursue the benefits you may be entitled to. We fight to recover the maximum compensation for your medical bills and lost wages.

Schedule a free, no obligation consultation with our workers’ compensation lawyers now. There are no upfront fees to pay, and you only owe payment if we successfully recover compensation on your behalf.

For a free case evaluation with Berry, Smith & Bartell, a Professional Law Corporation call 1-800-848-6288 today!

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