Being injured on the job is devastating enough. But, after an injury occurs you may be forced to jump through numerous legal hoops just to get your workers’ compensation claim approved. Because it is a work-related injury, you are entitled to workers’ compensation benefits and must file a claim. But, can you still file a workers’ comp claim or win your case if no one witnessed the injury?
The Importance of a Witness
Having a witness to your work-related injury can prevent your claim from being denied. Workers’ compensation underwriters cannot deny a claim or question the merit of a claim when there is a witness to the injury itself. Witnesses can prove you were actually hurt at work—and not just claiming you were.
What If No One Witnesses Your Injury?
If no one witnesses the event, it does not automatically mean you will lose your workers’ compensation case. But, there are actions you can take to reduce the likelihood your claim is denied.
You should report the injury to a supervisor immediately after it occurs, letting them know exactly how the injury happened and what you were doing. Next, make an appointment with the doctor or go to the hospital if the injury is life-threatening.
Let the treating physicians know that this is a work-related injury so that they can adequately document. Do not put off seeing a medical professional either. Not getting treatment for your injury may make the insurance company assume you were not really injured enough to miss work.
Then, report the injury to workers’ compensation as quickly as possible. If you do not report it to the compensation provider, they may assume that you were not really injured. Also, the law requires you to report the work-related injury within a specified time frame.
Insurance companies love to deny workers’ compensation claims that do not describe accurately how you were injured or if the medical records do not depict a similar situation as to how you claim you were injured. Describe how you were injured to your employer, physician, and the workers’ compensation representative exactly the same to prevent any confusion.
How to File Workers Comp?
Even if your claim has not yet been denied, it may be in your best interest to speak to an attorney with workers’ compensation experience. A consultation with an expert can help clear up any confusion, present a better case to the workers’ compensation insurance agent, and also provide you with an advocate that will fight for your benefits.
Consider Speaking to an Attorney
Contact the team at Sternberg Law Office today about your workers’ compensation case. Even if no one witnessed your injury,you are entitled to workers’ compensation for your work-related accident. Call 561-687-5660 now for a free consultation.