Proving Your Injury was Work-Related
Proving Your Injury was Work-Related
If you are injured at work, you must notify your supervisor immediately and request to seek medical treatment for your injuries. Your employer’s workers’ compensation insurance should cover your medical bills and provide compensation due to a workplace injury. However, this coverage only applies to eligible injuries, and one critical requirement is that the injury was work-related.
In some cases, it seems fairly obvious that an injury was work-related, as in the case of a job site accident that causes acute injuries. However, even the most seemingly straightforward situations can become complicated during the workers’ compensation claim process, as insurers can question the cause of the injury. In the absence of an acute accident, such as a repetitive motion type injury for instance, the situation can become even more complex.
If you have a work-related injury and you are having difficulty obtaining the benefits you deserve, seek help from a Montgomery workers’ compensation attorney immediately.
Reporting Your Injury Immediately
The first step to help prove your injury was work-related is to report an incident and injury as soon as possible to your employer. When you report the issue immediately, there should be less doubt about whether you suffered an injury at home or during other activities in the interim. The law requires you to notify your employer within five (5) days of the accident or else your claim for workers’ compensation benefits may be denied.
If you receive a diagnosis of a repetitive strain injury or work-related illness, report the matter as soon as you learn of your condition.
Presenting Evidence
You can present evidence to an insurance company that questions whether your injury stemmed from your employment. A workers’ comp attorney can help you gather and present sufficient proof of the cause of your injuries.
Some evidence that injured workers might use includes:
- Witness statements - Others who witnessed a job site accident can give statements that you were involved and suffered injuries.
- Medical records - Your doctors can report when your injury was diagnosed (such as shortly after an accident) and their presumed cause of your injuries. Your medical records can also address any allegations that your injuries were pre-existing and did not stem from the workplace accident.
- Surveillance footage - If your workplace has cameras, they can demonstrate how the accident occurred and what happened in the aftermath, such as you needing medical treatment for injuries.
- Work records - If an insurer claims you were not on the job at the time of your injury, you can use time cards and other work records to show you were, in fact, working when the injury happened.
If your injuries are not acute, it can take more sophisticated evidence to prove their relation to your work. For instance, if you have carpal tunnel syndrome from repetitive motions at work, an insurance company might allege that your condition stemmed from your personal activities. You might need a doctor or specialist to testify about the connection between your condition and your job. If a work related injury is denied by the employer or their insurance carrier, you must file a lawsuit in order to force the employer to provide you the benefits you are entitled to receive under Alabama’s Workers’ Compensation Act.
Speak with a Montgomery Workers’ Compensation Lawyer Today
The evidence needed to prove a work-related injury will vary from case to case. If you run into any obstacles when seeking benefits, the Law Office of Richard F. Matthews, Jr. can help.
Contact us
for a free case evaluation about your rights to workers’ compensation benefits in Montgomery.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. These recoveries and testimonials are not an indication of future results. Every case is different, and regardless of what friends, family, or other individuals may say about what a case is worth, each case must be evaluated on its own facts and circumstances as they apply to the law. The valuation of a case depends on the facts, the injuries, the jurisdiction, the venue, the witnesses, the parties, and the testimony, among other factors. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
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