How to Prove Your Injury is Work-Related

New York City Personal Injury Lawyers » How to Prove Your Injury is Work-Related

Workers’ compensation is a state-mandated insurance program that provides wage replacement and coverage of medical costs to those who have suffered illnesses or injuries because of their working activities.

The critical difference between workers’ compensation cases and other personal injury matters is that you don’t need to show that anyone was negligent in order to get workers’ comp. You do, however, need to show that your injury arose because of your work activities, which can sometimes be just as difficult.

In this post, we break down what you’ll need to do to prove your workers’ comp case, and how your attorney can help.

Immediate Steps After the Injury

Workers’ compensation should, in theory, be an automatic entitlement after you’ve suffered a workplace illness or injury. Unfortunately, however, because workers’ compensation insurers and employers are so keen to limit the number of payouts, many people are denied benefits after submitting valid claims.

With this in mind, there are a number of things you can do to maximize your chances of a successful workers’ comp claim.

Report the Injury to Your Employer

The first thing you should do is notify your employer about your injury. New York rules state that you should report your injury within 30 days of its occurrence; failing to do so could jeopardize your claim.

Seek Medical Attention Immediately

Whenever a workers’ comp client comes to us without having visited a doctor about their work-related condition, the first piece of advice we give them is to schedule a medical consultation right away.

This is important, first and foremost, because of your own health and safety. Even if you feel fine, you could have suffered an injury (including a serious brain or spinal injury) that hasn’t shown symptoms yet.

Secondarily, the record of this initial visit will serve as crucial evidence later on. The closer this first doctor’s visit is to the day of your accident, the more compelling the evidence will be.

Document the Incident and Injury

After reporting the injury and getting medical attention, document everything related to the incident. This includes taking photos of your injury, the location where it happened, and any equipment involved. Keeping a record of witness names and statements will also be helpful in proving your claim later.

What to Do If You Discover a Repetitive Strain Injury

When you think of workplace injuries, you might picture a construction accident or a collision on the road. While situations like these do indeed make up a large portion of our workers’ compensation caseload, we also deal with a lot of injuries that build up due to various types of repetitive motion in the workplace.

While a repetitive strain injury, such as carpal tunnel syndrome, is an entirely valid reason to claim for workers’ compensation, it’s more difficult to prove that a condition like this is work-related. If you fall off a scaffold and break your leg, it’s clear you got injured because of work; if you develop wrist pain after years of using a keyboard and mouse, it’s much harder to prove this link.

So, how do you address this problem?

As soon as you notice ongoing pain or discomfort related to your job, report it to your employer and seek a medical evaluation. Make sure your doctor documents the repetitive nature of the injury, linking it to your daily work activities.

Gathering Evidence to Support Your Claim

Workers’ comp cases, like all other legal matters, are won and lost on the basis of evidence. If you can’t provide evidence that your injury or illness came about because of work, you won’t be able to access the scheme’s benefits.

A few types of evidence are particularly important when you’re proving causation in workers’ comp disputes, namely:

• Medical records: The records of your doctor’s visits, surgical procedures, emergency care, and other forms of healthcare will confirm the nature and extent of your injury and prove that you sought treatment.
• Accident reports: Your employer should create a record of your accident after it happens, or after you report it. Make sure someone (usually a HR executive or your immediate supervisor) does this, and insist on getting a copy for yourself.
• Witness statements: Co-workers who witnessed your accident or who can vouch for your regular working conditions can provide statements that back up your version of events. These statements will make it harder for your employer or its workers’ comp insurance company to dispute your claim.
• Photographs: You should take pictures of any hazards that contributed to your injury, as well as the injuries themselves.
• Job-related documents: Depending on the nature of your work, you may need to gather additional paperwork like timesheets, training manuals, or task assignments. These documents can help prove that your injury occurred during your work duties and was not caused by outside factors.
• Expert opinions: Many workers’ compensation cases rely on testimony from independent experts. These experts might include, for example, an occupational consultant to testify about the safety of your working conditions or a doctor to comment on the likely cause of your injury or illness. Your workers’ compensation attorney will be able to advise you about the potential necessity of this type of consultation and to find suitable experts to comment on your case. At Tucker Lawyers, we have a broad and deep network of independent experts we can rely on for workers’ comp cases.

This might seem like a considerable burden after you’ve just suffered an injury, but help is available. If you’re not sure what step to take next, consider getting in touch with our workers’ compensation lawyers to schedule a free initial consultation.

Navigating the Workers’ Compensation Claim Process With the Help of Tucker Lawyers

If you’ve suffered a debilitating workplace injury and you don’t know what to do next, or you’ve already filed a claim only to see it unfairly rejected, don’t panic. These kinds of situations are our specialty.

Contact us today to schedule a free initial consultation about your case. You can reach us via the contact form on our website or over the phone at (516) 399-2364.