Posted on: 5 April 2018Share
If you recently filed for workers compensation and your employer denied it, you may want to continue pursuing your case because there is still a chance you will qualify for workers compensation. To win your case, the main thing you will need is evidence, and there are several essential elements of evidence you should gather up as you begin building your case with a workers compensation lawyer.
Proof of Injuries
The very first type of evidence you will need is actual proof that you were injured. If you cannot prove that you have an injury, you will have a tough time winning your case. To prove you suffered an injury, you may want to show doctor's reports and bills or any other documentation that shows that you received medical care for your injuries. If you do not have any type of proof that you were injured, it will be hard to win your case.
Proof That You Work for the Employer
You should also realize that you cannot file for workers compensation unless you are an actual employee of the company. If you work as an independent contractor, you will not qualify for these benefits. If your employer treats you as an employee but pays you as an independent contractor, this could possibly help your case. Your employer could get in legal trouble if they pay you as an independent contractor even though you meet all the requirements of what an employee is.
Proof That the Accident Occurred at Work
Additionally, it's important to understand that just because you can prove your injuries does not necessarily mean that you incurred them at work. Because of this, you will need to be able to prove that the injuries occurred from your job.
In some cases, employees get injured from a particular incident that occurred at work. For example, if a large machine fell on top of you, this would be reported and documented at your workplace, and this could prove that the injuries occurred at work.
In other cases, injuries occur over a period of time. For example, some people develop carpal tunnel syndrome from performing repetitive tasks over a period of months or years. Injuries like this are harder to prove, simply because there was not one particular incident that caused the injury.
Evidence Showing That Your Workplace Lacks Safety Training and Equipment
In many situations, employees are able to prove the fault of their employers by showing evidence that the workplace lacks the proper safety training and equipment. For example, if you were injured using a machine that you were never trained to use, you could use this fact as evidence in your case. Additionally, if you should have had certain safety equipment on while using it but did not because your employer did not provide it, you could also use this as evidence to prove your claim.
Evidence Showing You Documented the Incident
Whenever an accident takes place at work, it's important for the employee to document it. If you documented it, you could also use this as proof to win your case. The report may even contain names of other employees who witnessed the accident, and you could have these individuals testify on your behalf if it would help your case.
Winning a workers compensation case is not always an easy task, but it certainly helps if you hire a lawyer who handles cases like this. Your lawyer can review the evidence you have to help you decide how to proceed with your case. Check out resources like https://www.shayandassociates.com/ to learn more about what you can do to get the compensation you deserve.