When you hire a lawyer for your workers’ compensation case, they will gather the evidence necessary to show:
- You suffered injuries.
- The injuries occurred at work.
- Your employer provides the required workers’ compensation coverage.
- You deserve medical care coverage.
- You deserve a certain amount of wage loss benefits.
Your workers’ compensation lawyer will know what information proves these factors and what is necessary to win your case.
Evidence Should Show That You Suffered an On-the-Job Injury
Some of the most common evidence in workers’ compensation claims include:
Eyewitness Accounts of What Happened
Sometimes, the injured worker’s recollections are enough to document that a workplace accident occurred. Your memory of exactly what occurred and caused your injuries is essential. Write down everything you can about the incident as soon as your injuries allow.
As a part of this, list everyone else who was present at the time. These other eyewitness accounts can corroborate your account if needed. These accounts could come from coworkers, supervisors, customers, and other third parties.
Photos and Videos of the Accident
Videos of the accident or photos of the scene can also help. In a way, they serve as indisputable eyewitness accounts. However, many businesses only save security footage for a few days or weeks, so it’s in your best interest to secure this information as soon as possible.
Documentation of the Cause
When possible, document the cause of your injuries. For example, if you slip in a puddle, take pictures of the hazard before your coworkers mop it up. Ask someone else to video the scene and document the hazard immediately if your injuries prevent you from doing so yourself. When possible, include your injuries in the video.
In many workplace accidents, defective equipment plays a role. Broken machinery, missing safety equipment, and dangerous items can all do major damage. If a defective part or items caused your workplace injuries, preserve them if possible. If not, take pictures or otherwise document the defect.
Your Relevant Medical Records
It is important for your doctor to know you suffered workplace injuries and to hear your side of the story. This could influence the notes they make and what is in your medical records. These records can affect your claim and benefits in many ways. They are often the only documentation showing you have an injury, this injury occurred because of your accident at work, and they prevent you from working.
Doctors and their record keeping are not always infallible, so it is a good idea to keep records about your treatment. This should include the type of treatment you got and other notes about the doctor’s visit. You should also make notes about your medications and therapies.
The QME Report
Not every case will have a QME report. However, California law randomly assigns a qualified medical evaluator (QME) in cases when the insurer, worker, or another involved party requests an independent medical exam. This could occur because:
- You disagree with your doctor and want a second opinion.
- The insurer wants a second opinion.
- There are disputed facts related to your diagnosis or treatment.
- You have a lasting injury and need a disability rating.
While a computer generally assigns a QME, your attorney can work with the insurance company to name another physician to serve in this role.
If the QME report does not support your case, there are options. Your attorney may request a deposition from the QME or take other steps to learn more. When answering additional questions, these doctors sometimes reconsider their findings or word their opinions more supportively.
Your Employment Records
Some employment records are essential for determining workers’ compensation benefits. This usually includes wage documents or other records of your income. These items are necessary to calculate your income loss payments.
Your workers compensation attorney Los Angeles can request these records from your employer if you do not have the necessary pay stubs or other documents that show your previous income.
Reports Filed About the Incident
Workplace accidents often lead to several official reports. These include incident reports from your employer, the police, and other first responders who came to the scene. If there were third parties involved, any businesses might have official incident reports, too.
Gathering these reports and comparing their content is often informative for workers’ compensation attorneys. Each entity has a different point of view; one might have details others overlooked. Sometimes, it is possible to uncover key components of the case by reviewing a report filed by the worker’s employer or another party.
Your Workers’ Compensation Lawyer Could Ask for Additional Information
The information needed to support your case depends on your situation. In this instance, your attorney may seek specific knowledge, documents, or items unique to your case. These details often center on the cause of the accident or known dangers within your occupation. If you have access to this information, support your attorney’s investigation and share these items.
For example, if a certain type of machine has a long history of causing other workplace injuries, your Los Angeles personal injury attorney will want details about those injuries. You can tell them what you know, and this could make their job easier. They may use this information to research other cases, contact occupational experts, or request reports about those accidents.
This evidence could confirm your workers’ compensation case while also supporting a third-party claim or lawsuit against the machine’s manufacturer. If a defective machine caused your injuries, you could recover additional compensation from the maker, including pain, suffering, and other non-economic damages.
Discuss Your Injuries With Our Workers’ Compensation Team
You can speak with a team member from KJT Law Group today for free. We provide complimentary consultations for workers’ compensation claimants in California. If you were hurt at work, our team is here to help. We believe you should receive full workers’ compensation benefits based on your case’s facts. We will fight for the money you deserve. Contact us today to get started. Dial (818) 507-8525 now.