If you get injured at your workplace, you are entitled to receive compensation for the damages caused. To receive this compensation, the injured employee must file for a workers compensation claim. This claim can either be fulfilled by the employer using corporate funds, the insurance company (if the company is insured), or by the manufacturer of the faulty equipment that caused the accident.
That said, it’s quite evident that the process to successful compensation is not a walk in the park, and it requires professional legal assistance. For this case to qualify as a workers comp, the injury needs to have occurred accidentally and not intentionally or by ignorance. Gathering proof for your workers compensation claim then becomes quite an essential, and this is how you should go about it.
Insurance companies will always need proof of an accident. If there were people present during the accident, then request them to act as witnesses. This can come in handy, mostly when the case proceeds to trial.
One of the most valuable proofs is medical evidence. If you claim that you broke your leg, then you need x-rays and medical reports showing that it’s exactly what happened. In this case, even your doctor or surgeon is a witness to the damage caused. Speaking of which, don’t forget to keep all medical receipts for procedures, consultation and medication or treatment. These receipts will determine how much your compensation will be.
You can’t get a workers compensation if you’re not a worker at the company. Therefore, you’re advised to have evidence of pay stubs that show that at the time of the injury, you were an employee at that organization. If you were a casual worker, or on a temporary contract at the time, then you’re still considered a worker of the company.
One more thing you should be able to prove is that the incident did happen when at work. Just because you’re an employee doesn’t mean that having an accident outside the office when running personal errands qualifies for workers compensation claim.
You may opt for a different route and file for a class action. This is valid only if other employees have met a similar predicament while working in the company. However, you must be able to gather the employees and their proof of injury to fight for your case.
It’s without a doubt that some employees and insurance companies will do all they can to twist the story and avoid compensation. Therefore, you should hire a workers compensation attorney from the minute the accident occurs. An attorney will help you gather evidence, represent you through settlements to ensure you get what you deserve (or more), or defend you in the Court of Law in case it gets to that. This is a tough moment and you deserve to rest and recover, and let the attorney handle the claim for you.
Have you had an accident at work but are not sure how to approach a workers compensation claim? Contact us today, and we’ll assign you our experienced attorney to ensure you’re compensated accordingly.
Dixie Somers is a freelance writer who loves to write for business, health, and women’s interests. She lives in Arizona with her husband and three beautiful daughters.
