Workers’ compensation cases can become challenging if insurance companies deny a claim or an employer acts wrongfully when an employee pursues their rightful compensation. An essential aspect of work-related injury cases is solidifying evidence regarding the injuries and circumstances of an employee’s sustained harm. With the necessary evidence supporting your claim, your employer has less opportunity to deny liability and refute your claim or benefits.
Every workers’ compensation case differs in the injuries the employee sustained. However, seeking medical attention, gathering witnesses, and completing necessary documentation regarding work-related injuries may help prove you were injured on the job. Mintz Law Firm has years of experience helping injured workers recover compensation and benefits when filing a claim. Our attorneys are eager to provide continual legal resources to support injured workers’ cases.
Understanding Evidence in Colorado Workers’ Compensation Claims
Employees must report the injury within four days to pursue the benefits of workers’ compensation after being injured in the workplace. When collecting workers’ compensation benefits, the injured employee must show a preponderance of evidence. This proves to a judge that the injury occurred in the workplace. Understanding the essential elements of workers’ compensation cases and what is necessary to prove an injury occurred while on the job may help you seek insurance benefits.
Elements of workers’ compensation cases might include:
- Whether you sustained the injury on the job or within the scope of employment
- If the injury arose out of that employment
- If the employee ever missed at least three shifts or days of work due to injury
Evidence is necessary to establish your case when an employer is negligent and an unsafe workplace causes you harm. Unfortunately, ignoring the injury or postponing a claim limits the opportunity one has to receive total benefits. Your claim may be approved if you have been medically treated and missed work from a reported work-related injury. However, insurance companies may deny a claim due to a lack of evidence or employer denial of your injury.
How Can I Prove Work-Related Injuries?
Those who suffer an injury while on the job may wonder about the evidence that may aid in claim approval and prove a work-related injury. Although, being injured on the job looks different for everyone. Injuries may vary from mild to life-threatening accidents depending on the circumstances and scope of your employment.
Different categories of workplace injuries include:
- Slip-and-fall accidents
- Muscle strains and overexertion
- Injury due to machinery or fallen objects
- Crashes or collisions
- Harmful substances and hazardous exposures
- Blast injuries from fires or explosions
- Violence, assault, or another form of intentional harm
Types of evidence you may use to prove work-related injuries include:
- Pictures of the accident, the scene, and the initial appearance of injuries
- Witnesses’ testimony from surrounding people, coworkers, or other accounts
- Timesheets and proof of work for the date of injury
- Documentation from medical records and doctor’s evaluation
- Company’s formal report of the incident
According to the US Bureau of Labor Statistics, employers reported 2.7 million injury and illness cases in 2020. Regardless of the severity of the injury, you should know gathering evidence may support your claim and help you gain rightful workers’ compensation benefits. Additionally, if you have done what’s necessary for reporting an injury and pursuing a claim only to receive a denial, a skilled attorney may be able to help. Your legal team may turn your case around by taking legal action and fighting aggressively for the compensation and benefits you deserve.
Can an Attorney Help Me Recover Evidence to Prove I Was Injured on the Job?
Hiring an attorney may benefit you if your claim is denied or you encounter challenges during a workers’ compensation case. Experienced workers’ compensation attorneys may help you gather evidence that proves you are injured and sustained the injury while on the job.
Additionally, an attorney may help the judge in your case see that you genuinely cannot work due to the injury and the role negligence or intentional harm played in the accident. Recovering surveillance footage, witness statements, injury reports, expert witness statements, and other resources are among the types of evidence that support an injury claim.
Mintz Law Firm May Help You Obtain Workers’ Compensation Benefits After a Claim Denial
Compiling evidence for an injury claim may be challenging, especially if your employer and the insurance are refuting your claim. With the resources of an experienced legal team, you may have the support necessary to prove your injury. Insurance companies and adjusters are skilled in disputing and discrediting claims.
If you have done your part in filing a claim and presenting evidence, an attorney may be able to help your case and ensure your rights are protected. At Mintz Law Firm, our skilled legal team strives to provide continual legal support and valuable legal resources throughout Colorado. Complete a contact form or call (303) 462-2999 to schedule a case consultation.