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If you sustain an injury in the workplace, workers’ compensation insurance benefits should pay for your medical expenses and even a major portion of your lost wages if you cannot work while recovering. Workers’ compensation is a no-fault insurance, but that does not mean the case will be without complications. It is important to know what types of evidence typically get used to verify that the workplace injury victim should indeed recover compensation.
There are various types of evidence that will prove to be helpful after a workplace accident occurs. However, we encourage individuals involved in an incident to gather this footage as promptly as possible because, over time, memories fade, and evidence can become distorted.
There will likely be various ways to take photographs of the area where the injury occurred, as well as photos of the injuries. You can use a phone or any other type of camera to take these photos. If you do not have your phone, ask somebody else to take photographs for you if they are willing. If you cannot get photos at the time the injury occurred because you needed to seek medical treatment, try to go back and get photos of the area as soon as possible or have someone else do it for you.
There may be video surveillance footage available that captured the incident. However, your employer or a third party may not be willing to turn over this footage right away. We encourage you to reach out to a skilled workers’ compensation lawyer in Las Vegas who can help you through this process and handle any difficult parties along the way.
If there are any eyewitnesses to the incident, their statements could prove to be valuable, particularly if the employer or the insurance carrier denies the workers’ compensation claim. Eyewitnesses can include anyone who saw the incident occur, such as coworkers or supervisors. In some cases, even the general public may constitute eyewitnesses if they saw what happened.
Depending on the nature of the incident and the type of employment, training or employment records may be needed. These records can help show whether or not the injury victim and others involved in the incident were properly trained to handle the duties they were being asked to perform at the time.
Maintenance records related to the upkeep of the workplace area or equipment could prove to be valuable, particularly if an injury occurred due to perceived maintenance issues with the workplace or a piece of equipment.
Workplace injury victims should keep track of any proof of lost wages they incur as a result of the injury and the recovery process. This can include pay stubs, tax returns, etc.
All medical records related to your workplace injury should be obtained and copied. These copies should be turned over to your attorney, who can, in turn, release them to the insurance carrier. Medical records should include any medical treatment related to the workplace incident, including travel expenses to and from medical visits.