Evidence in Alabama Workers’ Compensation CasesPublished: May 05, 2017 in Workplace accidents
To be covered by workers’ compensation, you must have been injured in an accident that arose out of the course of your job. You will have to first prove you are suffering from an injury and second, that it is because of your work. An accident that arose out of the course of your job usually means it occurred while you were on duty or on your employer’s property. For instance, you may have been hurt in a vehicle accident while driving in a company vehicle from one worksite to another during work hours. Or you may have been injured when poorly stored materials fell on you from above.
In most situations, you do not have to prove negligence, recklessness, or intentional misconduct to recover benefits through the workers’ compensation system. However, if a third party, then you may need evidence of negligence to bring a personal injury suit against that individual or company. Additionally, if your employer is denying your coverage, you may need a great deal of evidence to fight this in court.
To learn more about the evidence you will need for your Alabama workers compensation claim, contact the Alabama workers compensation lawyers of Belt & Bruner, P.C. at (205) 933-1500.
Evidence for a Workers’ Compensation Claim
When you file a worker’ compensation claim against your employer, you will need evidence of the type and extent of your injury. This may include an accident or police report, your medical records, and any pictures of video footage of the accident. The insurer and your employer will rely heavily on your medical records to determine whether you are truly hurt and whether you are partially or fully disabled for a period of time or forever. The type and extent of your injuries will dictate the medical expenses your employer or insurance carrier cover and the income benefits to which you are entitled.
You will also need evidence that the injury or condition arose from your job, which can include the accident or police report, eyewitness testimony, work documentation like a timecard, and photos or video footage. If you always work the 3 p.m. to midnight shift and you are hurt at your workplace around 10 p.m., then it is obvious you have a work-related injury. However, if you normally drive a truck provided by your employer and you are injured in a collision on the way to your first appointment for work, there may be questions as to whether this accident was related to the job. In controversial cases, an experienced Alabama workers’ compensation lawyer can help you fight for your right to workers’ compensation and gather evidence that your injuries arose from your work.
Evidence for Third-Party Workers’ Compensation Cases
If you were injured while working because of a third party’s negligence, then you may have the right to bring a personal injury claim against that party in addition to receiving workers’ compensation. However, you have much more to prove in this situation than you do to receive workers’ compensation medical care and income benefits. You must have evidence that the other individual or their employer was negligent, reckless, or intentional harmful and that this behavior caused the accident that resulted in your injuries. You will also need evidence of the financial harm this accident has caused you, including your lost wages and reduced earning capacity.
Evidence for a third-party workers’ compensation case may include:
- A police or accident report
- Photos or video footage of the accident
- Eyewitness testimony, including your own
- Medical records
- Expert witness testimony, including medical experts, an accident reconstructionist, and financial experts
- Financial documents, including pay stubs and tax returns
Our Alabama Workers’ Compensation Lawyers Can Help
If you have been hurt on the job, it never hurts to seek out legal advice on how to move forward with a workers’ compensation claim. The Alabama workers’ compensation insurance system can be complicated, and our attorneys at Belt & Bruner, P.C. can guide you through the claims process while advising you of your rights and responsibilities. We can gather the evidence necessary to support your claim and fight for you to receive the benefits you deserve. If you run into trouble getting your claim approved or a third party was involved, we can explain your legal options, including file suit against your employer or the third party.
For more information on how we can help, call our workers’ compensation lawyers today at (205) 933-1500 to schedule a free case evaluation.